A Man's Home Was His Castle  

You can tell when a government has been in power far too long by the way it starts handing out favours to its main backers that are completely out of order. The NSW state government is now looking to allow compulsorily acquired land to be sold on to real estate developers - even at a loss, if it feels like it. Shonky.

THE State Government plans to give its agencies and councils power to compulsorily acquire private land to re-sell to developers at a profit - or, if they choose, at a reduced price so the developers make even more money.

Legal authorities describe as "quite remarkable" a section of new planning laws flagged by the Minister for Planning, Frank Sartor, to acquire land by force to onsell to private developers.

"A man's home may no longer be his castle, but it could well end up being somebody else's castle," said Anthony Whealy, a planning expert with Gadens Lawyers. "It will certainly be welcome news to many in the development game.

"Under the current law, the minister is not able to re-sell land which has been acquired or transfer it to another person. The new scheme expressly allows that, and makes it clear that it may be done as part of a profitable proposal by a private developer."

Mr Sartor insists the law will only be used to ensure developments for the greater public benefit cannot be blocked, but the Greens - who have helped to expose the extent of developers' donations to the Labor Party - say it could invite corruption.

"Given the whole stench surrounding developer donations, it lends added weight to the view that this Government is introducing the most developer-friendly laws ever seen in this state," the Greens MP Sylvia Hale said.

A similar US state law to transfer land from one private owner to another for an urban renewal plan in New London, Connecticut, caused national uproar several years ago. In 2005, the US Supreme Court upheld the law by the narrowest of margins but it was widely criticised as a gross violation of property rights and 42 states passed laws to limit the impact of the court's decision.