A parliamentary question probes LandCorp's land acquisition practices in the Hope Valley-Wattleup redevelopment, focusing on voluntary agreements versus compulsory acquisition and potential duress. The answer defends the voluntary approach, highlighting benefits for landowners and denying coercion.

AnsweredQoN 903Legislative Council
Asked
8 May 2003
Portfolio
Planning and Infrastructure

QuestionView source ↗

I refer to the answer the parliamentary secretary gave to question without notice number 783 on 2 April 2003 and ask - (1) Is LandCorp encouraging landowners in the Hope Valley-Wattleup redevelopment area to enter into voluntary agreements to enable LandCorp to acquire their properties rather than elect to use the provisions of the Land Administration Act, which provides a statutory basis for compensation for land compulsorily acquired or resumed under that Act; and, if so, why? (2) What are the advantages and disadvantages for landowners entering into voluntary arrangements rather than relying, where applicable, on the compensation provisions of the Land Administration Act? (3) Has LandCorp or any of its representatives used duress or any misstatements during negotiations or at any other time to induce landowners in the Hope Valley-Wattleup redevelopment area to agree to a voluntary acquisition of their land? (4) Have any landowners in the Hope Valley-Wattleup redevelopment area expressed a preference for compulsory acquisition of their land by LandCorp, but been advised by LandCorp that it would not exercise its rights to compulsorily acquire the land for an extended period? Hon GRAHAM GIFFARD

AnswerView source ↗

I thank the member for some notice of this question. (1) The landowners have been advised that the Government has made funds available for the purchase of residential properties within the townships of Wattleup and Hope Valley on a voluntary basis. The owners have been advised that they are not compelled to accept any offer. This Government is actively negotiating the purchase of township residential properties to assist people who wish to relocate to do so, as did the previous Government. It is not the Government’s intention to compulsorily acquire properties within the project area. The Government has also provided landowners an additional grant of $10 000 over and above the assessed market value of the residential properties, to assist residents to relocate. (2) The advantage is providing for a less stressful and orderly relocation of people using standard real estate procedures. The landowners are also able to negotiate other aspects of the contract, such as the retention of property items or lease-back terms. Furthermore, most of the owners would neither be able to fund expensive legal or real estate representation nor desire the stress involved in a drawn out resumptive process. The Government is endeavouring to implement the legislation in a cost-effective manner and generally in line with procedures established by the previous Government. The payment of the relocation grant is a new initiative to further assist residents without the need for the often lengthy and expensive compulsory acquisition process. (3) No duress is applied during the negotiations. Owners are shown the property evaluations when an offer is presented and advised that they are not obliged to accept an offer. Offers made are valid for a period of 30 days to allow official time for due consideration. Owners are also informed that they may reapply in the future if they subsequently determine they are not ready or prepared to accept the offer made. LandCorp representatives, in line with government policy on this matter, have consistently advised residents that it is not the intention of the Government to resume land in the project area in the short term. (4) Yes, landowners have raised the issue of compulsory acquisition and representations have been made to LandCorp. LandCorp has advised landowners that in line with the Government’s position on acquisitions, it is only negotiating purchases at this time.
(1) Is LandCorp encouraging landowners in the Hope Valley-Wattleup redevelopment area to enter into voluntary agreements to enable LandCorp to acquire their properties rather than elect to use the provisions of the Land Administration Act, which provides a statutory basis for compensation for land compulsorily acquired or resumed under that Act; and, if so, why? (2) What are the advantages and disadvantages for landowners entering into voluntary arrangements rather than relying, where applicable, on the compensation provisions of the Land Administration Act? (3) Has LandCorp or any of its representatives used duress or any misstatements during negotiations or at any other time to induce landowners in the Hope Valley-Wattleup redevelopment area to agree to a voluntary acquisition of their land? (4) Have any landowners in the Hope Valley-Wattleup redevelopment area expressed a preference for compulsory acquisition of their land by LandCorp, but been advised by LandCorp that it would not exercise its rights to compulsorily acquire the land for an extended period? Hon GRAHAM GIFFARD replied: I thank the member for some notice of this question. (1) The landowners have been advised that the Government has made funds available for the purchase of residential properties within the townships of Wattleup and Hope Valley on a voluntary basis. The owners have been advised that they are not compelled to accept any offer. This Government is actively negotiating the purchase of township residential properties to assist people who wish to relocate to do so, as did the previous Government. It is not the Government’s intention to compulsorily acquire properties within the project area. The Government has also provided landowners an additional grant of $10 000 over and above the assessed market value of the residential properties, to assist residents to relocate. (2) The advantage is providing for a less stressful and orderly relocation of people using standard real estate procedures. The landowners are also able to negotiate other aspects of the contract, such as the retention of property items or lease-back terms. Furthermore, most of the owners would neither be able to fund expensive legal or real estate representation nor desire the stress involved in a drawn out resumptive process. The Government is endeavouring to implement the legislation in a cost-effective manner and generally in line with procedures established by the previous Government. The payment of the relocation grant is a new initiative to further assist residents without the need for the often lengthy and expensive compulsory acquisition process. (3) No duress is applied during the negotiations. Owners are shown the property evaluations when an offer is presented and advised that they are not obliged to accept an offer. Offers made are valid for a period of 30 days to allow official time for due consideration. Owners are also informed that they may reapply in the future if they subsequently determine they are not ready or prepared to accept the offer made. LandCorp representatives, in line with government policy on this matter, have consistently advised residents that it is not the intention of the Government to resume land in the project area in the short term. (4) Yes, landowners have raised the issue of compulsory acquisition and representations have been made to LandCorp. LandCorp has advised landowners that in line with the Government’s position on acquisitions, it is only negotiating purchases at this time.
(2) What are the advantages and disadvantages for landowners entering into voluntary arrangements rather than relying, where applicable, on the compensation provisions of the Land Administration Act? (3) Has LandCorp or any of its representatives used duress or any misstatements during negotiations or at any other time to induce landowners in the Hope Valley-Wattleup redevelopment area to agree to a voluntary acquisition of their land? (4) Have any landowners in the Hope Valley-Wattleup redevelopment area expressed a preference for compulsory acquisition of their land by LandCorp, but been advised by LandCorp that it would not exercise its rights to compulsorily acquire the land for an extended period? Hon GRAHAM GIFFARD replied: I thank the member for some notice of this question. (1) The landowners have been advised that the Government has made funds available for the purchase of residential properties within the townships of Wattleup and Hope Valley on a voluntary basis. The owners have been advised that they are not compelled to accept any offer. This Government is actively negotiating the purchase of township residential properties to assist people who wish to relocate to do so, as did the previous Government. It is not the Government’s intention to compulsorily acquire properties within the project area. The Government has also provided landowners an additional grant of $10 000 over and above the assessed market value of the residential properties, to assist residents to relocate. (2) The advantage is providing for a less stressful and orderly relocation of people using standard real estate procedures. The landowners are also able to negotiate other aspects of the contract, such as the retention of property items or lease-back terms. Furthermore, most of the owners would neither be able to fund expensive legal or real estate representation nor desire the stress involved in a drawn out resumptive process. The Government is endeavouring to implement the legislation in a cost-effective manner and generally in line with procedures established by the previous Government. The payment of the relocation grant is a new initiative to further assist residents without the need for the often lengthy and expensive compulsory acquisition process. (3) No duress is applied during the negotiations. Owners are shown the property evaluations when an offer is presented and advised that they are not obliged to accept an offer. Offers made are valid for a period of 30 days to allow official time for due consideration. Owners are also informed that they may reapply in the future if they subsequently determine they are not ready or prepared to accept the offer made. LandCorp representatives, in line with government policy on this matter, have consistently advised residents that it is not the intention of the Government to resume land in the project area in the short term. (4) Yes, landowners have raised the issue of compulsory acquisition and representations have been made to LandCorp. LandCorp has advised landowners that in line with the Government’s position on acquisitions, it is only negotiating purchases at this time.
(3) Has LandCorp or any of its representatives used duress or any misstatements during negotiations or at any other time to induce landowners in the Hope Valley-Wattleup redevelopment area to agree to a voluntary acquisition of their land? (4) Have any landowners in the Hope Valley-Wattleup redevelopment area expressed a preference for compulsory acquisition of their land by LandCorp, but been advised by LandCorp that it would not exercise its rights to compulsorily acquire the land for an extended period? Hon GRAHAM GIFFARD replied: I thank the member for some notice of this question. (1) The landowners have been advised that the Government has made funds available for the purchase of residential properties within the townships of Wattleup and Hope Valley on a voluntary basis. The owners have been advised that they are not compelled to accept any offer. This Government is actively negotiating the purchase of township residential properties to assist people who wish to relocate to do so, as did the previous Government. It is not the Government’s intention to compulsorily acquire properties within the project area. The Government has also provided landowners an additional grant of $10 000 over and above the assessed market value of the residential properties, to assist residents to relocate. (2) The advantage is providing for a less stressful and orderly relocation of people using standard real estate procedures. The landowners are also able to negotiate other aspects of the contract, such as the retention of property items or lease-back terms. Furthermore, most of the owners would neither be able to fund expensive legal or real estate representation nor desire the stress involved in a drawn out resumptive process. The Government is endeavouring to implement the legislation in a cost-effective manner and generally in line with procedures established by the previous Government. The payment of the relocation grant is a new initiative to further assist residents without the need for the often lengthy and expensive compulsory acquisition process. (3) No duress is applied during the negotiations. Owners are shown the property evaluations when an offer is presented and advised that they are not obliged to accept an offer. Offers made are valid for a period of 30 days to allow official time for due consideration. Owners are also informed that they may reapply in the future if they subsequently determine they are not ready or prepared to accept the offer made. LandCorp representatives, in line with government policy on this matter, have consistently advised residents that it is not the intention of the Government to resume land in the project area in the short term. (4) Yes, landowners have raised the issue of compulsory acquisition and representations have been made to LandCorp. LandCorp has advised landowners that in line with the Government’s position on acquisitions, it is only negotiating purchases at this time.
(4) Have any landowners in the Hope Valley-Wattleup redevelopment area expressed a preference for compulsory acquisition of their land by LandCorp, but been advised by LandCorp that it would not exercise its rights to compulsorily acquire the land for an extended period? Hon GRAHAM GIFFARD replied: I thank the member for some notice of this question. (1) The landowners have been advised that the Government has made funds available for the purchase of residential properties within the townships of Wattleup and Hope Valley on a voluntary basis. The owners have been advised that they are not compelled to accept any offer. This Government is actively negotiating the purchase of township residential properties to assist people who wish to relocate to do so, as did the previous Government. It is not the Government’s intention to compulsorily acquire properties within the project area. The Government has also provided landowners an additional grant of $10 000 over and above the assessed market value of the residential properties, to assist residents to relocate. (2) The advantage is providing for a less stressful and orderly relocation of people using standard real estate procedures. The landowners are also able to negotiate other aspects of the contract, such as the retention of property items or lease-back terms. Furthermore, most of the owners would neither be able to fund expensive legal or real estate representation nor desire the stress involved in a drawn out resumptive process. The Government is endeavouring to implement the legislation in a cost-effective manner and generally in line with procedures established by the previous Government. The payment of the relocation grant is a new initiative to further assist residents without the need for the often lengthy and expensive compulsory acquisition process. (3) No duress is applied during the negotiations. Owners are shown the property evaluations when an offer is presented and advised that they are not obliged to accept an offer. Offers made are valid for a period of 30 days to allow official time for due consideration. Owners are also informed that they may reapply in the future if they subsequently determine they are not ready or prepared to accept the offer made. LandCorp representatives, in line with government policy on this matter, have consistently advised residents that it is not the intention of the Government to resume land in the project area in the short term. (4) Yes, landowners have raised the issue of compulsory acquisition and representations have been made to LandCorp. LandCorp has advised landowners that in line with the Government’s position on acquisitions, it is only negotiating purchases at this time.
Hon GRAHAM GIFFARD replied: I thank the member for some notice of this question. (1) The landowners have been advised that the Government has made funds available for the purchase of residential properties within the townships of Wattleup and Hope Valley on a voluntary basis. The owners have been advised that they are not compelled to accept any offer. This Government is actively negotiating the purchase of township residential properties to assist people who wish to relocate to do so, as did the previous Government. It is not the Government’s intention to compulsorily acquire properties within the project area. The Government has also provided landowners an additional grant of $10 000 over and above the assessed market value of the residential properties, to assist residents to relocate. (2) The advantage is providing for a less stressful and orderly relocation of people using standard real estate procedures. The landowners are also able to negotiate other aspects of the contract, such as the retention of property items or lease-back terms. Furthermore, most of the owners would neither be able to fund expensive legal or real estate representation nor desire the stress involved in a drawn out resumptive process. The Government is endeavouring to implement the legislation in a cost-effective manner and generally in line with procedures established by the previous Government. The payment of the relocation grant is a new initiative to further assist residents without the need for the often lengthy and expensive compulsory acquisition process. (3) No duress is applied during the negotiations. Owners are shown the property evaluations when an offer is presented and advised that they are not obliged to accept an offer. Offers made are valid for a period of 30 days to allow official time for due consideration. Owners are also informed that they may reapply in the future if they subsequently determine they are not ready or prepared to accept the offer made. LandCorp representatives, in line with government policy on this matter, have consistently advised residents that it is not the intention of the Government to resume land in the project area in the short term. (4) Yes, landowners have raised the issue of compulsory acquisition and representations have been made to LandCorp. LandCorp has advised landowners that in line with the Government’s position on acquisitions, it is only negotiating purchases at this time.
I thank the member for some notice of this question. (1) The landowners have been advised that the Government has made funds available for the purchase of residential properties within the townships of Wattleup and Hope Valley on a voluntary basis. The owners have been advised that they are not compelled to accept any offer. This Government is actively negotiating the purchase of township residential properties to assist people who wish to relocate to do so, as did the previous Government. It is not the Government’s intention to compulsorily acquire properties within the project area. The Government has also provided landowners an additional grant of $10 000 over and above the assessed market value of the residential properties, to assist residents to relocate. (2) The advantage is providing for a less stressful and orderly relocation of people using standard real estate procedures. The landowners are also able to negotiate other aspects of the contract, such as the retention of property items or lease-back terms. Furthermore, most of the owners would neither be able to fund expensive legal or real estate representation nor desire the stress involved in a drawn out resumptive process. The Government is endeavouring to implement the legislation in a cost-effective manner and generally in line with procedures established by the previous Government. The payment of the relocation grant is a new initiative to further assist residents without the need for the often lengthy and expensive compulsory acquisition process. (3) No duress is applied during the negotiations. Owners are shown the property evaluations when an offer is presented and advised that they are not obliged to accept an offer. Offers made are valid for a period of 30 days to allow official time for due consideration. Owners are also informed that they may reapply in the future if they subsequently determine they are not ready or prepared to accept the offer made. LandCorp representatives, in line with government policy on this matter, have consistently advised residents that it is not the intention of the Government to resume land in the project area in the short term. (4) Yes, landowners have raised the issue of compulsory acquisition and representations have been made to LandCorp. LandCorp has advised landowners that in line with the Government’s position on acquisitions, it is only negotiating purchases at this time.
(1) The landowners have been advised that the Government has made funds available for the purchase of residential properties within the townships of Wattleup and Hope Valley on a voluntary basis. The owners have been advised that they are not compelled to accept any offer. This Government is actively negotiating the purchase of township residential properties to assist people who wish to relocate to do so, as did the previous Government. It is not the Government’s intention to compulsorily acquire properties within the project area. The Government has also provided landowners an additional grant of $10 000 over and above the assessed market value of the residential properties, to assist residents to relocate. (2) The advantage is providing for a less stressful and orderly relocation of people using standard real estate procedures. The landowners are also able to negotiate other aspects of the contract, such as the retention of property items or lease-back terms. Furthermore, most of the owners would neither be able to fund expensive legal or real estate representation nor desire the stress involved in a drawn out resumptive process. The Government is endeavouring to implement the legislation in a cost-effective manner and generally in line with procedures established by the previous Government. The payment of the relocation grant is a new initiative to further assist residents without the need for the often lengthy and expensive compulsory acquisition process. (3) No duress is applied during the negotiations. Owners are shown the property evaluations when an offer is presented and advised that they are not obliged to accept an offer. Offers made are valid for a period of 30 days to allow official time for due consideration. Owners are also informed that they may reapply in the future if they subsequently determine they are not ready or prepared to accept the offer made. LandCorp representatives, in line with government policy on this matter, have consistently advised residents that it is not the intention of the Government to resume land in the project area in the short term. (4) Yes, landowners have raised the issue of compulsory acquisition and representations have been made to LandCorp. LandCorp has advised landowners that in line with the Government’s position on acquisitions, it is only negotiating purchases at this time.
(2) The advantage is providing for a less stressful and orderly relocation of people using standard real estate procedures. The landowners are also able to negotiate other aspects of the contract, such as the retention of property items or lease-back terms. Furthermore, most of the owners would neither be able to fund expensive legal or real estate representation nor desire the stress involved in a drawn out resumptive process. The Government is endeavouring to implement the legislation in a cost-effective manner and generally in line with procedures established by the previous Government. The payment of the relocation grant is a new initiative to further assist residents without the need for the often lengthy and expensive compulsory acquisition process. (3) No duress is applied during the negotiations. Owners are shown the property evaluations when an offer is presented and advised that they are not obliged to accept an offer. Offers made are valid for a period of 30 days to allow official time for due consideration. Owners are also informed that they may reapply in the future if they subsequently determine they are not ready or prepared to accept the offer made. LandCorp representatives, in line with government policy on this matter, have consistently advised residents that it is not the intention of the Government to resume land in the project area in the short term. (4) Yes, landowners have raised the issue of compulsory acquisition and representations have been made to LandCorp. LandCorp has advised landowners that in line with the Government’s position on acquisitions, it is only negotiating purchases at this time.
(4) Yes, landowners have raised the issue of compulsory acquisition and representations have been made to LandCorp. LandCorp has advised landowners that in line with the Government’s position on acquisitions, it is only negotiating purchases at this time.

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