ABSTRACT

This chapter explores the structure, parameters and procedures involved in compulsory acquisition. The entire processes of compulsory acquisition is, by nature, sensitive and sometimes controversial causing disruption to the normal rights of ‘quiet peace and enjoyment’ of disposed owners. Inherent difficulties typically arise in compulsory acquisition dealings flowing from the unique and complex nature of impacts on each of those properties affected. A number of principles exist and are widely practised in the area of compulsory acquisition and the assessment of compensation related thereto. The concept of ‘compensation’ in compulsory acquisition that is to remunerate or make good for some loss, to neutralise the effect of a loss or to counter-balance a loss with some monetary equivalent. A claim for ‘severance’ arises in the case of a partial compulsory acquisition of real property and refers to any damage which the retained land has suffered as a result of the acquisition of the resumed area.