Locke v The State of Queensland

The case of Locke v The State of Queensland involved claims for compensation for the resumption of two lots of land by the State of Queensland. The legal issues before the court were the determination of the appropriate land values for the resumed properties and the calculation of compensation, including the consideration of the highest and best use of the land, the impact of rezoning approvals, and the valuation of the existing improvements on the properties. The court had to decide on the appropriate methodology for valuing the land, considering both the expert evidence provided by the parties and the evidence of comparable sales. The court also needed to determine the appropriate compensation for the disturbance caused by the resumption, including legal and valuation fees. The court concluded that the highest and best use of the resumed land was for mixed commercial and residential development, but due to various factors, the development was not imminent. The court adopted a valuation approach that considered the potential for commercial and residential development separately and adjusted the valuations based on the specific characteristics of each property. The court awarded compensation for the land value, the value of existing improvements, and disturbance costs, along with interest on the compensation amounts. The final orders specified the compensation amounts for each property, including interest on the compensation from the date of resumption up to the date of final payment.