Real Estate Insights: Valuations for indigenous cultural loss compensation following compulsory acquisition

Purpose This study aims to propose a methodology for the quantification of cultural loss compensation following compulsory acquisition of interests from indigenous groups in New South Wales, Australia. Design/methodology/approach Following a review of statute and case law to determine the parameters for assessment of compensation for cultural loss, regard is given to relevant literature on a proposed framework for assessment of compensation identifying the need for a process to make such an assessment. Findings An approach to the quantification of cultural loss compensation following compulsory acquisition of interests from indigenous groups is proposed, combining a contingent valuation approach to determine the willingness to pay (WTP) by the Australian community (based on a structured focus group approach) and the willingness to accept (WTA) by the dispossessed indigenous group (based on a community-based, multi-attribute approach). Research limitations/implications The proposed approach responds to the legal context of New South Wales and the Commonwealth of Australia, whereby the amount of compensation must be fair to the dispossessed and appropriate, fair or just in the Australian community at the time. Such a duality may not exist in other jurisdictions in the Commonwealth or around the world. Practical implications The proposed approach offers a transparent and logical approach to the assessment of compensation for cultural loss, being driven by a structured assessment of loss and WTA by indigenous groups that is respectful of cultural issues combined with a structured assessment of WTP that canvases the diversity of the Australian community. Social implications Compensation for cultural loss is a highly emotive and political issue, which is arguably best diffused by a transparent and logical process of assessment. Such a process must acknowledge the trauma and sensitivity of the compulsory acquisition determination process for indigenous peoples and the need to prioritise the physical, psychological and emotional safety of traditional owners throughout the process. Originality/value The paper provides a methodology for the quantification of cultural loss compensation following compulsory acquisition of interests from indigenous groups that is potentially applicable in Australian jurisdictions and other commonwealth jurisdictions with similar legal principles as well as being of interest to other jurisdictions around the world with indigenous populations.