Peter Jason wrote:
> "Sylvia Else" wrote in message
> news:006d4f2c$0$1451$c3e8da3@news.astraweb.com...
>> Peter Jason wrote:
>>> "Sylvia Else" wrote in
>>> message
>>> news:006fad95$0$23455$c3e8da3@news.astraweb.com...
>>>> Epsilon wrote:
>>>>> Peter Jason wrote:
>>>>>> Do I have any rights here; can I appeal?
>>>>> Yes. But you will lose.
>>>> Yup. No chance at all of winning. Total waste of time
>>>> and money to try.
>>>>
>>>>>> Can someone here assuage my mounting angst?
>>>>> Your objective should be to get as much out of the
>>>>> Council as you can.
>>>> In practice, the market value it would have had, had the
>>>> council not decided to acquire it to widen the road.
>>>>
>>>> Sylvia.
>>> It's hard to get such an evaluation. In commercial
>>> property "valuers" want about $5000 to walk in and
>>> measure up and then give their opinion. Presumably this
>>> would influence the council not at all. I have two
>>> years to sweat it out before the council decides to widen
>>> my side of the road or the opposite one. In the
>>> meantime I've cancelled all improvements.
>>>
>>> If I get just "land value", any shift will involve
>>> rebuilding all services, besides finding a location to
>>> pass all the regulations and neighbourhood objections.
>>>
>>> I knew a friend with a pub that burned down to the kerb
>>> level. Fully insured, he decided to rebuild on the site
>>> a pub exactly as the one before. A rude awakening
>>> followed when he discovered he was now liable to obey
>>> every code in the book including building setback, and
>>> the killer which was parking for the patrons.
>>>
>>> For insurance, my rebuilding costs to replace the status
>>> quo is 2 million. Do I see any of this?
>>>
>>> Can I ask the council for the formula they use for
>>> valuation in these cases?
>> They're bound by legislation
>>
>> http://www.austlii.edu.au/au/legis/nsw/consol_act/latca1991442/index.html
>>
>> Pay particular attention to the deemed acceptance rule
>>
>> http://www.austlii.edu.au/au/legis/nsw/consol_act/latca1991442/s45.html
>>
>> That is, in the event, don't make the mistake of writing
>> to people, protesting, etc., and in the process allow the
>> deemed acceptance time to elapse.
>>
>> Sylvia.
>
>
> Thanks. Do these apply Australia-wide? I'm in Victoria.
>
Sorry, that's NSW. For some (evidently not valid) reason I thought you
were in NSW.
The interesting section in the equivalent law in Victoria is
http://www.austlii.edu.au/au/legis/vic/consol_act/laaca1986322/s41.html
Sylvia.
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