In mid 2019 Clarence Valley Council (CVC) commenced negotiations with the owners of the property on the south eastern corner of the Yamba Road and Carrs Drive intersection.
Works to realign underground services to facilitate the construction of a roundabout have commenced.
In 2019 CVC advised in a letter to the owners, Peter and Tania Shugg, that “it is important for the timely progression of the work that discussions and agreement can be reached for the potential acquisition of either all or part of the vacant residential lot located at 186 Yamba Road.
“The proposed discussions are intended to discuss the option to utilise your land, receive your input, and, ideally, reach agreement on a way forward.”
However, Ms Shugg said at the time, “I believe they will take the block regardless of what we say or do,” in reference to a meeting with CVC staff.
“They mentioned options like a diagonal boundary adjustment or taking the whole block.
“We thought it was ours … and now it’s not.”
Meanwhile, an agreement is yet to be reached.
Ms Shugg, last week, said the issue is “still going back and forwards with council”.
Clarence Valley Council has previously advised the Independent that it “won’t comment on property negotiations”.
The negotiations are governed by the Land Acquisition (Just Terms Compensation) Act 1991.
In the event that an agreement cannot be reached, the Valuer General (VG) independently determines the amount of compensation to be paid by the acquiring authority to the former land owner.
Among other things, the VG must consider: “(a) the market value of the land on the date of its acquisition; (b) any special value of the land to the person on the date of its acquisition; (c) any loss attributable to severance;
“(d) any loss attributable to disturbance; (e) the disadvantage resulting from relocation; (f) any increase or decrease in the value of any other land of the person at the date of acquisition which adjoins or is severed from the acquired land…”
Ms Shugg said that negotiations were “just about the part they (CVC) want to excise” and that they were powerless to prevent workers accessing their land because the “law is on their side, unfortunately”.