Abstract
Acquisition law during the Australian colonial period was far more robust than
many might think. All of the Australian colonies enacted acquisitions
legislation during this time, usually adapting the Land Clauses Consolidation
Act 1845 (UK). The Australian colonies modified their acquisitions Acts,
tailoring them to their own needs. Unlike the Americans, however, none of the
Australian States inserted acquisition language in their Constitutions. There
were many acquisition cases in the Australian colonies during the 1900s. The
earliest cases usually dealt with Crown grants and reservations. Later cases
described acquisitions law in respect to mill dams and flooding of property, as
well as harm to property from the raising of roads or railways. However, the
largest number of acquisition cases dealt with the calculation of compensa-
tion. In reviewing acquisition cases, courts usually were quite strict in
following the applicable Acts.
Original language | English |
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Pages (from-to) | 165-184 |
Number of pages | 20 |
Journal | Australian Law Journal |
Volume | 85 |
Issue number | 3 |
Publication status | Published - 2011 |