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A Compensation Claim relating to Resumption of Land in 1922

Compensation Claim Background

Recently, Moore J of the Land and Environment Court, determined two separate questions in an unusual matter that related to the 1922 resumption of land in far Western NSW, i.e. the resumption of land that occurred approximately 95 years ago (see Lawson v South Australian Minister for Water and the River Murray [2017] NSWLEC 62 (Lawson)).

In 1922, the New South Wales Government resumed all land at Lake Victoria in private possession, necessary for the purposes of the transfer of those lands to the representative for South Australia for future water storage uses.

Mrs Lawson’s possessory title in the land was originally held by her great grandfather, the possessory title was then transferred to her great grandmother (Mrs Mitchell) who held the title at the date of resumption. Mrs Mitchell died in 1956 and the possessory title transferred to Mrs Lawson.

An Extension of Time

Biscoe J in 2014 (see Lawson v South Australian Minister for Water and the River Murray No 2) [2014] NSWLEC 189) had allowed Mrs Lawson, the Applicant, an extension of time to lodge a claim for compensation for the resumption of land under the Public Works Act 1912 (Public Works Act).
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