University of Technology Sydney

17132 Land Acquisition Statutory Valuation and Litigation

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2024 is available in the Archives.

UTS: Design, Architecture and Building: School of the Built Environment
Credit points: 6 cp
Result type: Grade and marks

There are course requisites for this subject. See access conditions.

Description

This subject engages students in the statutory valuation processes that underpins the assessment of compensation in land acquisition matters, the rating and taxing of land from both a government and property owners perspective and the impact of developer charges and imposts. The subject further examines the acquisition process engaged by government through the compulsory process and those used by developers and their impact on development. It further equips students with the skills to negotiate outcomes in which options exist for resolution and settlement in expediting development decisions.

The subject is designed to assist in formulating policy and frameworks for reforming potential lengthy hold-outs in the acquisition process and for reviewing inefficient land and property taxes and replacing these with more efficient forms of tax revenues from property. It equips students with the ability to assess, prepare and defend statutory valuations used for land acquisition, rating and taxing purposes and statutory charges in the development process. The subject is designed to cover the preparation of instructions, statements of evidence and the presentation and delivery of expert evidence in rating and taxing matters and compulsory acquisition cases in the development of land and property.

Subject learning objectives (SLOs)

On successful completion of this subject, students should be able to:

1. Understand the principles and practice of land acquisition, statutory valuation and valuation litigation in NSW.
2. Understand the basis and assessment of different forms of compensation for land acquisition in NSW.
3. Understand the basis and assessment of land value for statutory valuation in NSW.
4. Understand the role of the valuer in litigation and specialist valuations.

Course intended learning outcomes (CILOs)

This subject also contributes to the following Course Intended Learning Outcomes:

  • Identify ethical issues and apply informed ethical judgements in professional contexts (A.1)
  • Understand Indigenous perspectives and interpret legal frameworks relating to land use and ownership (A.3)
  • Effectively apply a variety of communication skills and technologies in professional contexts (C.1)
  • Demonstrate a comprehensive theoretical understanding of property valuation methodologies together with the capacity to prepare valuation assessments to a professional standard (P.1)
  • Apply a theoretical and practical understanding of research methods to the investigation and analysis of property markets (P.2)
  • Demonstrate a theoretical and practical understanding of built environment law and procedures in a variety of property-related contexts (P.4)
  • Apply appropriate technical analytic skills to a professional standard (P.8)

Contribution to the development of graduate attributes

The term CAPRI is used for the five Design, Architecture and Building faculty graduate attribute categories where:

C = communication and groupwork

A = attitudes and values

P = practical and professional

R = research and critique

I = innovation and creativity.

Course intended learning outcomes (CILOs) are linked to these categories using codes (e.g. C-1, A-3, P-4, etc.).

Teaching and learning strategies

Online learning activities will continuously reinforce the learning content for students throughout each week. The
emphasis is on "learning by doing," and undertaking practical tasks and discussion forums on the various topics within
this subject. Zoom sessions will provide hands on guidance through the major assignments.

Content (topics)

  • Principles of compulsory acquisition
  • Compulsory acquisition for compensation for market value
  • Compulsory acquisition compensation for special value, severance, injurious affection and disturbance
  • Compulsory acquisition compensation for disturbance, relocation, indigenous cultural loss and interests other than freehold
  • Valuation for rating and land tax
  • Litigation, customary title, contaminated sites and specialist valuation

Assessment

Assessment task 1: Quiz

Intent:

Assessment task 1 comprises of 3 individual quizzes.

Quiz 1: The intent of the assessment is to assess your understanding and application of principles covered in the introduction to the subject and compulsory acquisition compensation for market value, special value, severance, injurious affection and disturbance.

Quiz 2: The intent of the assessment is to assess your understanding and application of principles covered in the introduction to the subject and compulsory acquisition compensation for market value, special value, severance, injurious affection and disturbance.

Quiz 3: The intent of the assessment is to assess your understanding and application of principles covered in the introduction to the subject and compulsory acquisition compensation for market value, special value, severance, injurious affection and disturbance.

Objective(s):

This task addresses the following subject learning objectives:

1 and 2

This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.):

A.3, C.1 and P.1

Type: Quiz/test
Groupwork: Individual
Weight: 30%
Criteria linkages:
Criteria Weight (%) SLOs CILOs
Online Quiz 45 1 P.1
Online Quiz 45 2 C.1
Online Quiz 10 2 A.3
SLOs: subject learning objectives
CILOs: course intended learning outcomes

Assessment task 2: Written Compensation Determination

Intent:

The intent of the assessment is to assess your understanding and application of the principles and practice of compulsory acquisition compensation determination.

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.):

C.1, P.1, P.2 and P.8

Type: Essay
Groupwork: Individual
Weight: 30%
Criteria linkages:
Criteria Weight (%) SLOs CILOs
Research and Report 30 1 P.1
Research and Report 30 2 P.2
Research and Report 10 2 C.1
Research and Report 30 3 P.8
SLOs: subject learning objectives
CILOs: course intended learning outcomes

Assessment task 3: Class Test

Intent:

The intent of this assessment is to measure, on an individual basis, the understanding of principles covered in the introduction to the subject, compulsory acquisition compensation for market value, special value, severance, injurious affection, disturbance, relocation, indigenous cultural loss and interests other than freehold, valuation for rating and land tax, litigation, customary title, contaminated sites and specialist valuation.

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.):

A.1, A.3, C.1, P.1 and P.4

Type: Examination
Groupwork: Individual
Weight: 40%
Criteria linkages:
Criteria Weight (%) SLOs CILOs
Class Test 20 1 A.1
Class Test 20 2 A.3
Class Test 20 3 P.1
Class Test 30 3 P.4
Class Test 10 4 C.1
SLOs: subject learning objectives
CILOs: course intended learning outcomes

Minimum requirements

Students must achieve at least 50% of the subject’s total mark.