Antinuclear

Nuclear waste dump: Will the Australian government compensate Kimba landowners for fall in their property values?

If the federal government’s proposed nuclear waste facility were built at the chosen site at Kimba and as a result property values in the region decreased as has been the case in other places around the world in not dissimilar circumstances what will the federal government do for the those who have suffered a diminution in their property values because of the facility

Based on past experience I suspect nothing

However if the government has promised huge economic benefits for the Kimba region – and it has certainly done so consistently for the past five years in order to win community support –  and these promises proved to be incorrect then would the residents and even general community members who have suffered a loss have a right of action against the federal government for what is tantamount to misleading and deceptive conduct in the normal legal context

On the face of it they would but unfortunately the government as a Crown instrumentality is exempt from any legal responsibility and liability in that regard

However the District Council of Kimba has been fully complicit in misleading or misinforming the community and should be liable for any damages incurred as a result of the Council’s  actions and conduct

Unlike the government the Council will not be treated as an instrumentality of the Crown and will therefore be fully liable with the liability extending personally to the individual councillors since there could  be no limitation on their personal liability like in a normal corporate situation

What I would suggest – but please ensure that I am not mentioned and it is recognised that I am not offering any legal advice – is for several ratepayers to formally approach the mayor and councillors asking them to obtain a proper legal opinion for open publication for the Kimba community addressing these issues and the possible outcomes

Any resistance on the part of the councillors in acceding to this request will only worsen their situation as it could be argued very strongly that this is necessary in order to ensure the continued stability and solvency of the District Council and protect the financial position of the ratepayers

You may need the help of a lawyer but the District Council should pay all expenses in investigating what has been suggested and in obtaining any legal and if necessary financial advice so that the ratepayers and other community members can be protected

Best of luck!

October 18, 2020 - Posted by Christina MacPherson | AUSTRALIA - NATIONAL, Federal nuclear waste dump