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The Law Affecting Valuation of Land in Australia

The Law Affecting Valuation of Land in Australia

5th edition

By Alan A Hyam

CONTENTSREVIEWS

The Law Affecting Valuation of Land in Australia provides a complete resource for practitioners by containing not only statements of principle, but also extensive references to case law, including the facts of each case, counsels’ arguments and relevant excerpts from the judgments.

A number of important cases in the field have been decided in the 5 years since the 4th edition, many of which are cited in this new edition (current to the end of 2013), further explaining and expanding the law of valuation. The 5th edition also features additional headings and sub-headings, making it easier for the reader to identify required subject matter.

A standard reference for lawyers involved in valuation cases, The Law Affecting Valuation of Land in Australia is widely cited by Courts and Tribunals throughout Australia, particularly the High Court, the New South Wales Court of Appeal, the Land and Environment Court of New South Wales, and the Land Court and Land Appeal Court of Queensland.

The book provides the reader with references to case and statute law in the various sub-topics and explores how they have developed. As well as covering legal principles it also contains many valuation principles that have been espoused and explained by the Courts and Tribunals. As such, it could be described as a valuation text as well as a legal text.

Valuers, property professionals and students of valuation and land economy courses will welcome another of Alan Hyam’s excellent works.


CONTENTS

Part I - Value

Land Defined
Value Defined

Part II - Valuation

General Principles of Valuation
Methods of Valuation

Part III - Valuations of Specific Types of Property

Rural Lands
Goodwill and Business Disturbance
In Globo Lands
Mines and Mineral Bearing Lands
Licensed Premises
Valuation of Strata
Heritage Factors

Part IV - Compensation on Compulsory Acquisition

General Principles
Value to the Owner
Reinstatement
Disturbance
Severance, Enhancement and Injurious Affection
Pointe Gourde Principle
Other Principles of Compensation

Part V - Valuers and Valuation Appeals

The Valuer
Valuation Appeals Procedure


REVIEWS

This is undoubtedly a work of recognised excellence and authority, with previous editions having had the honour of being cited in court judgments. It contains incisive and scholarly analysis of the relevant legal principles applicable to the law of land valuation, at the same time paying due regard to land valuation practice.

All Australian jurisdictions are covered, and more than 1000 cases are cited by way of authority. In short, this work is not only a valuable addition to the library of a property law practitioner in Victoria, but also an indispensable reference tool whenever a question arises in connection with the valuation of land. Read full review...

David P Lloyd, InPrint, Law Institute Journal Victoria, September 2015

As with previous editions, this is a clear well-written digest of the many facets of the law relating to valuation and is a most useful tool not only for those constantly dealing with such problems, but also those who come across them only occasionally. Read full review...

Peter W Young, Australian Law Journal, June 2015

The valuation of land will long remain a significant issue in many types of disputes, including the collection of taxation, the exercise by government of the power of compulsory acquisition and private disputes. In spite of this enduring significance, the process is more or less conjectural and difficult to reduce to exact reasoning. This 5th edition of Hyam’s valuable, often cited and accessible reference work on the law of valuation in Australia addresses the developments of the law affecting valuation over the five years since the last edition. Also new are additional sub-headings and a comprehensive index which will make it easier to find the material of interest to the reader.

Queensland Law Reporter – 19 December 2014 – [2014] 49 QLR

Reviews of previous editions:

Alan Hyam explores the laws surrounding valuation and compensation in a most thorough manner ... This new edition cites more than 1080 cases, over 200 more than the previous edition which was published in November 2004 ... it is Hyam's fourth edition which is most commonly on the desks of barristers I visit.

Law Institute Journal (Victoria), Jan/ Feb 2010

The growth in the law of valuation affecting land is captured in the text; for example, the chapter on the Pointe Gourde principle is much longer than in the previous edition. .. The book is a great resource and I commend it to you.

Environmental Law News No 49 (Spring 2005)

This book is valuable largely because it collects much information and many cases.

Law Institute Journal (Victoria), September 2005

Courts deal with problems of valuation of land across a wide spectrum of disputes from family disputes over the former matrimonial home to resumption cases involving millions of dollars. It is difficult to find a good collection and analysis of the authorities that lay down guidance as to how the exercise should be approached.
Mr Hyam’s book is well set out and deals with both the analysis of the problem and also has copious references to the decided cases; not only the leading cases but also the run of the mill cases which deal with everyday problems. Helpfully there is direct quotation of the key dicta from the authorities.
The book commences by dealing with analytical and philosophic questions such as, what is land and what is value and what methods can be used to ascertain value. It then passes on to valuation of particular types of land such as rural land, licensed premises, etc, and then has a brief chapter dealing with heritage factors. Part IV of the book deals with compensation upon compulsory acquisition and Pt V on valuers and valuation appeals.
It is a most valuable book as a resource tool not only for those who are constantly involved with valuation cases but also for many lawyers who find a valuation of land problem cropping up every few months or so and need to have recourse to a work which enables access to be gained to the bulk of material. It is a work likely to be of great use to judges, barristers and solicitors as well as those involved in the real estate industry.

Justice Peter Young (2005) 79 ALJ 459

From its first publication in 1983, this text has been something of a vade mecum for lawyers involved in cases where the valuation of land is in issue. …. Mr Hyam is the ideal guide, having long experience in the valuation profession, and as a lawyer. …
Mr Hyam has the happy facility of finding and setting out in a logical fashion passages from important cases (often quite long) and ascending, through them, to statements of general principle which are easily grasped. I had not thought it possible to achieve an exposition of the complexity which besets things like goodwill and business disturbance which engenders both confidence and comprehension in the reader, but this author pulls it off. At the same time, there is also much pleasure for, and much to be learned by, the experienced practitioner. Although the topic is both dry and complicated, and full of complex byways, Mr Hyam has an easy style which relieves those elements.
Lawyers and valuers will, I suspect, find the book indispensable.

AW, 25 The Queensland Lawyer (June 2005), 325

Alan Hyam has succeeded in providing a comprehensive discussion of valuation law relating to land with clear and concise statements of principle. It will be an essential resource for judges, lawyers, valuers and others who seek guidance in this area of law.

Chief Justice Peter McCellan, Foreword to the third edition

refreshing and informative... will be of assistance to all who practice in the fields of compulsory acquisition and of valuation of land.

Justice C J Bannon, Foreword to second edition

a clear and concise treatment of the law of land valuation and ancillary matters...
[T]his text will be invaluable to lawyers, members of the valuation profession and students of valuation throughout Australia ... I would like to congratulate Alan Hyam

Justice Rae Else-Mitchell, Foreword to first edition

   

Published 29 August 2014
Publisher The Federation Press
Hardback/688pp
ISBN 9781862879683
Australian RRP $165.00
International Price $150.00
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