Bojack v Chief Executive, Department of Natural Resources

In the case of Bojack v Chief Executive, Department of Natural Resources, the Land Court was tasked with determining the unimproved value for conversion purposes of Special Lease No 44/45731, a 125-hectare rural property located approximately 3.3 kilometers south of the Home Hill Post Office. The lessees, William H and Merle A Bojack, appealed the Chief Executive's valuation of $291,500, arguing that the unimproved value should be $149,985. The legal issues before the court included the appropriate method of valuation, the classification of the land, and the relevance of comparable sales.

The court considered the nature of the land, which was zoned "Rural B" and primarily used for grazing. It noted that about 40 hectares of the land had immediate potential for agricultural use, while the remaining 70 hectares had some agricultural potential. The court also examined the method of valuation, comparing the subject land to two sales identified by the valuers. The court adopted an overall rate for arable land of $2,300 per hectare, and a rate of $720 per hectare for land suitable only for grazing. After accounting for the cost of alternative access, the court determined the unimproved value of the subject land to be $249,000.

In conclusion, the Land Court found that the appellants had partly proved their case and determined the unimproved value of Lot 52 on SB665 to be $249,000 for the purpose of converting the tenure of Special Lease No 44/45731 to freehold tenure.