MMP211 Statutory Valuation T1 Assignment 2 Brief | DU

MMP211 Description:

Purpose

The purpose of this assignment is to improve your understanding of the compulsory acquisition process under the Land Acquisition and Compensation Act 1986, as well as case law surrounding assessing compensation payable. 

MMP211 Context:

The report is based on a hypothetical compulsory acquisition scenario where the matter has made it to court as the parties have been unable to agree to date on the final compensation amount. A judge will have to decide the compensation amount due but is heavily reliant on the report submitted by your group (as the judge is not an expert). Note that while you have been engaged by the dispossessed owner your primary duty is to the court.

Specific Requirements Your specific tasks to be assessed as part of this report are to:

Task A)Identify five relevant previous case law judgements, critically analyse them, and apply the relevant case law to this scenario (50 marks) 

Hint: refer to Brown's compensation chapter as a starting point

Task B)Provide a written compulsory acquisition report to the property owner advising the assessed compensation amount at the correct date of valuation (40 marks)

Hint: land rates have been provided in assumed facts with your instructions You will also be assessed on the presentation of your report according to the following criterion:

• Communicate information accurately and professionally (10 marks) 

Hint: the executive summary and conclusion should advise total compensation amount

Only one report should be submitted per group. The report should have two distinct parts, corresponding to tasks A) and B) outlined above. That is, the case law discussions and the valuation report will form separate sections of the overall report.

You have been supplied sufficient information and should keep assumptions to a minimum. If assumptions are made, you must clearly state them in your report.

The assignment should be completed in groups of 3 people. 

2025 Expert Witness Report Scenario of MMP211:

Bobby Edwards is the owner of 19 Patterson Road, Yellowvale, a farm comprised of two parcels of land on the outskirts of the city. The land was agricultural land used for sheep farming. Mr Edwards lived on the property in a new three bedroom house. There was also a wool shed, hay shed, and machinery shed near the house. All improvements are situated towards the south-east corner of Lot 2 PS 123456 (marked on the maps in Figure 1 with an 'H').

The descriptions and areas of the land in the before were:

The property was in a Farming Zone. Minimum lot size for subdivision in this zone is 40 hectares. 

Although proximate to urban development, the properties in the location had remained in the Farming Zone which is consistent with local council strategic planning intent that the rural character of the locality be maintained. 

Due to growing population in the surrounding area and congestion on local and arterial roads the State Roads Authority resolved to build an Outer Metropolitan Ring Road (OMR). At the same time the State Government identified a critical shortage of land suitable for urban development and resolved to amend the Urban Growth Boundary and extend the Urban Growth Zone north from James Road to the southern side of the OMR. This planning amendment was effective from 1 February 2025. Expert planning advice confirms that, if not for the new OMR, the boundary of the UGB would have stayed at James Road to the south. 

The State Roads Authority resolved to commence the compulsory acquisition process with respect of part of Lot 1 TP 123456 and part of Lot 2 TP 123456 to the extent of 14 hectares. The retained balances are described below. Notices of intention to acquire the required land were issued on 1st February 2025. 

Notice of Acquisition of the lands was proclaimed in the Victoria Government Gazette on 1 April 2025. 

The descriptions and areas of the land in the after were: 

You are instructed to assess the compensation due to Mr Edwards as a consequence of the compulsory acquisition of part of his property.

Learning Outcomes of MMP211:

This task allows you to demonstrate your achievement towards the Unit Learning Outcomes (ULOs) which have been aligned to the Deakin Graduate Learning Outcomes (GLOs). Deakin GLOs describe the knowledge and capabilities graduates acquire and can demonstrate on completion of their course. This assessment task is an important tool in determining your achievement of the ULOs. If you do not demonstrate achievement of the ULOs you will not be successful in this unit. You are advised to familiarise yourself with these ULOs and GLOs as they will inform you on what you are expected to demonstrate for successful completion of this unit.

The learning outcomes that are aligned to this assessment task are: