Holdouts, Site Amalgamations and Renewal of Urban Areas: A Call for Legislative Reform

Developers play a key role in the development of housing for Australian communities. However, composing a site is a complex and intricate process because owners ‘hold out’ to achieve maximum possible prices. This paper proposes that legislative reform is necessary to aid in housing renewal. Housing renewal may counteract problems of land scarcity, population growth, ageing buildings and urban sprawl. Compulsory acquisition case law in Australia and the United States is compared to identify a viable option for legislative reform. Drawing upon the American experience considerations to protect landowners’ rights are identified which seek to balance rights against housing renewal needs.