Bracher v The Valuer-General [1991] QLC 149

Re: Determination of Unimproved Value - Shire of Atherton AV91-28 NJ and JH Bracher V. The Valuer-General DECISION LAND COURT, BRISBANE. 25th October, 1991 . Norman Jack and Jean Hazel Bracher have appealed against the determination by the Valuer-General of an unimproved value of $60,000 for Lot 7 on RP 41266, Parish of Barron containing an area of 8.139 hectares. This is "Rural B" zoned site situated about 9 kms south of Atherton. The relevant date for the determination of the unimproved value is 31st March, 1990. The appellants contend for an unimproved value of $41,500 within the notice of appeal. Mr Bracher informed the Court that he is at a loss to understand why his land is valued at $60,000 when the blocks adjoining it. at the rear (Lots 11, 12 and 13) have been valued at $38,000. They are similarly sized flood free parcels and although somewhat lower in elevation have been drained by a major drain put in by the estate developer. In addition they have the advantage of spring-fed running water in the drain while the subject land is watered from two dams. Registered valuer Robert Grant Moroney made the valuation under eppeal. He describes the nature of the land as being partially cleared forest with a steady fall from the road frontage to the rear where an area of 0.5 hectares [1991] QLC 149 -- 1 of 2 -- - Page 2 - comprises low swampy black soil. -Mr Moroney values the land as a site on the basis of three sales which, prima facie, support a value of $60,000. Mr Moroney describes Lots 11 , 12 and 13 as being flood prone land and he obtained this information from long term residents in the area. The estate was rezoned and developed in 1985 when the wide communal drain was built through those lots. The drain severs the lot and Mr Moroney sees it as an improvement on the respective sites, and if the improvement of the drain is to be disregarded, as it must be in determining unimproved value, then Lots 11, 12 and 13 would be much worse off in respect of flooding. This was a factor taken into account when valuing these _ parcels at $38,000. In these circumstances the comparison made by Mr Bracher does not support his contention that the subject land has been excessively valued. I am conscious that the appellants are worried about the increasing rating liability with increasing valuations but it has often been pointed out that this Court is not a rating tribunal and as such cannot determine rates. It is a function of the Court to determine unimproved value and on the evidence I cannot hold that an unimproved value of $60,000 for the subject land is excessive or unreasonable. It follows that the appeal be dismissed and that the unimproved value of Lot 7 on RP 41266, Parish of Barron as determined by the Valuer-General in the sum of $60,000 be affirmed. C.H. Carter Member of the Land Court. -- 2 of 2 --