17775 Land Acquisition Statutory Valuation and Litigation
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particular session, location and mode of offering is the authoritative source
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Subject handbook information prior to 2025 is available in the Archives.
Credit points: 6 cp
Subject level:
Postgraduate
Result type: Grade and marksRequisite(s): ((12535 Property Investment and Development Feasibility AND 17700 Planning and Environmental Law) OR 12535 Property Investment and Development Feasibility )
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Recommended studies:
Introduction to Property and Planning 12142 and Valuation Application 15235
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. | Apply the processes involved in the compulsory acquisition of land. |
|---|---|
| 2. | Understand the principles of compensation governing the partial and total takings of land. |
| 3. | Determine compensation resulting from the acquisition of all interests in land. |
| 4. | Value the various interests in land under valuation practice and procedures. |
| 5. | Prepare expert reports. |
| 6. | Apply the provisions of the Valuation of Land Act, Land Tax Management Act, Local Government Act in the rating and taxing of land. |
| 7. | Understand the concessions, allowances and exemptions in the rating and taxing of land. |
| 8. | Lodge and respond to objections to the valuation and taxation of land. |
| 9. | Present evidence in land acquisition and rating/taxing matters. |
Course intended learning outcomes (CILOs)
This subject also contributes to the following Course Intended Learning Outcomes:
- Evaluate actual or potential ethical issues and determine sound ethical judgment in property development contexts. (A.1)
- Interpret, assess, and communicate complex relevant knowledge across the property development process to multidisciplinary stakeholders for positive outcomes. (C.1)
- Evaluate and assess a range of approaches to develop appropriate creative and innovative property development solutions. (I.1)
- Synthesise theoretical and practical knowledge related to a wide spectrum of property development contexts. (P.1)
- Demonstrate a capacity for a high level of autonomy, expert judgment, and accountability with creativity and initiative to new scenarios in property development management practice. (P.2)
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
This subject engages students through interactive on-campus block mode delivery with PPT's, readings and exercises available the week prior to each block. Students work togther and learn through the use of complex scenarios and problem solving techniques encountered in practice that span periods in promoting deeper learning and application of the subject content. Working collaboratively using hypothetical cases will engage students in problem solving using qualitative and quantitative methods and promote the ability to articulate solutions in both written and verbal formats.
The assessment strategies are designed to assess knowledge and student learning through the application of hypothetical cases that are adapted from live examples and cases. The strategies are designed to promote student learning through the application of the content, principles and practices gained in this subject.
Applied cases are used to formulate policy and frameworks for reforming potential lengthy hold-outs in the land acquisition process and for reviewing inefficient land and property taxes and replacing these with 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 cases through group work in assuming the roles of stakeholders in these matters.
Complex hypothetical scenarios derived from live case studies are used to provide practical context to the principles and theories that underpin the topics in this subject. Industry presentations are made by practitioners in statutory valuation cases which further demonstrate the application and challenges confronting the site assembly process. The assessment tasks are designed to engender flipped learning mode both on and off campus through online resources and practicums undertake during block lectures. Online material supports in-class learning and accessible via Canvas.
Formative feedback will be provided during the learning process, typically provided verbally by teaching staff. Summative feedback is provided in written form on feedback sheets for assessments reports.
Content (topics)
- Fundamental components of the compulsory acquisition land
- Presentation of expert evidence
- Rating and taxing of land and statutory valuation processes
Assessment
Assessment task 1: Acquisition scenario with short answer questions
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 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.): .4, .6, C.1, I.1 and P.1 | ||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Type: | Exercises | ||||||||||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||||||||||
| Weight: | 20% | ||||||||||||||||||||||||
| Criteria: | Refer to further information on this assessment tasks under the Assignment Folder in Canvas. The task comprises short form questions in preparing for Assessment Task 2. | ||||||||||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Assessment task 2: Hypothetical acquisition scenario
| Objective(s): | This task addresses the following subject learning objectives: 2, 3, 5 and 9 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.): .2, .8, C.1 and P.2 | ||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Type: | Report | ||||||||||||||||||||
| Groupwork: | Group, group assessed | ||||||||||||||||||||
| Weight: | 40% | ||||||||||||||||||||
| Criteria: | Further information provided in the assignment task sheet | ||||||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Assessment task 3: Value capture - rating and taxing strategy
| Objective(s): | This task addresses the following subject learning objectives: 6, 7 and 8 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, C.1 and I.1 | ||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Type: | Report | ||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||
| Weight: | 40% | ||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Minimum requirements
The DAB attendance policy requires students to attend no less than 80% of formal teaching sessions (lectures and tutorials) for each class they are enrolled in to remain eligible for assessment.
Recommended texts
Brown, D. (2009) Land Acquisition, 2004 5th Ed, LexisNexis Butterworths
Hyam, A. (2009) The law affecting the valuation of land in Australia 4th Ed, Fedration Press
Jacobs, M (2010) Law of compulsory land acquisition Lawbook Co.
Mangioni, V. (2016) Land Tax in Australia: Fiscal Reform of Sub-national Government, Routledge London and New York.
Whipple, R.T.M. (2006) Property Valuation and Analysis, Lawbook Co
Appraisal Institute, (2007) The valuation of real estate, Australian Property Institute.