Supreme Court Awards $27.92 Million for Outer Metropolitan Ring Road Land Acquisition

Jeffrey Barrett of Manor Lakes, Victoria, has been awarded $27.92 million in compensation by the Supreme Court for the acquisition of a portion of his property. The land is intended for the proposed Outer Metropolitan Ring Road (OMR), a major infrastructure project. The court's decision was issued on March 26, with costs awarded on April 1, six years after Mr. Barrett initially sought to subdivide his rural property.

Jeffrey Barrett has been awarded $27.92 million by the Supreme Court for land acquired for the Outer Metropolitan Ring Road, concluding a six-year legal process.

Court Decision

The Supreme Court awarded Jeffrey Barrett $27.92 million in compensation following the acquisition of part of his property in Manor Lakes. The decision on the compensation amount was rendered on March 26, and the award for legal costs was made on April 1. This outcome concludes a legal process that began six years prior, when Mr. Barrett applied to subdivide his land.

Compensation Process Marked by Dispute and Delays

The Victorian Department of Transport and Planning initially made no offer for Mr. Barrett's land. After the case commenced, the department's offer for financial loss was stated as "$0.00," which was later amended to $18.65 million years into the proceedings. Mr. Barrett rejected this amended offer, having previously reduced his own claim from $31.31 million to $28.27 million.

Brett Barrett, Jeffrey's son, commented on the duration and complexity of the legal process. He expressed concern that other families with fewer resources might face challenges navigating a prolonged dispute against the state. The lengthy legal battle highlights potential difficulties for less resourced landowners.

Justice Harris Finds Department's Initial Stance "Unreasonable"

Justice Claire Harris, who presided over the case, determined that Mr. Barrett's financial loss was a direct result of his land being reserved for the Outer Metropolitan Ring Road. In her ruling, Justice Harris noted that the Land Acquisition and Compensation Act is designed to be a non-litigious administrative process. She found the Department's initial position of making no offer, and subsequently delaying an offer, to be unreasonable.

Justice Harris also identified that Mr. Barrett contributed to delays in the proceedings by introducing new evidence shortly before a planned hearing.

The Outer Metropolitan Ring Road: A $31 Billion Project

The Outer Metropolitan Ring Road is a proposed 100-kilometer orbital freeway, with an estimated cost of $31 billion. The project is planned to traverse Melbourne's west and north, impacting more than 600 properties on the city's fringe.

To date, the Victorian government has spent at least $350 million in compensation to landowners along the corridor, with potential total payouts estimated to reach $2.7 billion. Infrastructure Australia has included the project on its priority list, identifying it for potential investment within five to ten years.

Government Reviewing Judgment, Declines Further Comment

A Victorian government spokesperson stated that the Department of Transport and Planning is reviewing the judgment and will consider its response through the standard process. They declined to comment further on an active legal matter.

In 2021, the state and federal governments jointly allocated $20 million for a business case for the OMR. The cost of land acquisition along the corridor is considered commercially confidential.