Bradfield v The Valuer-General [1990] QLC 137

Re: Appeal against Annual Valuation of Valuer-General - Shire of Allara. AV90-454. Estate Charles A. Bradfield v. The Val ue r-General DECISION (Hearing at Toowoomba) LAND COURT, BRISBANE 16th November, 1990 In the annual revaluation of the lands in the Shire of Allara as at 31st March, 1989, the Valuer-General has valued Lot 2 on RP 64071, parish of North Toolburra, county of Merivale, containing 22.69 hectares at $4,200 ($185 per hectare). The owners of the land, the Estate Charles A. Bradfield, through Edward James Bradfield, has appealed against this valuation on the ground "overvalued, bought for $20 per acre. Full of lippia grass and flooded several times a year". The subject land is located at the junction of Glengallan Creek and the Condamine River and is on the boundary of the Allara Shire where it joins Rosenthal Shire. The land is used for grazing in conjunction with other lands on the opposite side of Glengallan Creek located in the Rosenthal Shire. Evidence was given by Mr E.J. Bradfield in support of the ground of appeal. He says that there is no road access to this parcel of land. Access is obtained across Dalrymple Creek at favourable times. It is 19 kilometres by road from the parent property to the subject land. He says that the land was purchased some 40 years ago for 10 pound per acre and it is worth no more today than at that time. He said that in earlier times the land was used for grazing of dairy cattle with 30 to 40 head grazing on the land. He said at that time it was grassed with paspalum and swamp couch but lippia grass has taken over along the creek banks and into the land generally overrunning the useful pasture. It is almost impossible [1990] QLC 137 -- 1 of 2 -- 2 to eradicate this grass other than by cultivation which is not practicable because the land floods and erosion will result. Mr Bradfield speaks of the flooding which has occurred from time to time and particularly remembers 1976 when it was flooded on three occasions. Evidence for the Valuer-General was given by District Valuer, Mr D.P. Coe, who describes the land as flooded creek flats subject to lippia grass infestation. He has viewed the land as part of an aggregation but, in arriving at a rate of $185 per hectare, he says he has had regard to the flooding problems, the restricted access and the infestation of lippia grass. He believes that making allowance for these disabilities the valuation is in relativity with other parcels in the area. He believes that it could attract a buyer in the marketplace particularly from an adjoining owner to attach to a larger parcel of land as was done by the appellant when it was acquired some 40 years ago. He does not believe that the price paid then can be used to arrive at a value of land in 1989, having regard to the value of money then and now and the increase in sale prices over those years. I have considered all of the evidence here and I find that the appellant has failed to discharge the onus to show that the Valuer-General has erred in this valuation. Mr Coe has made allowance for the disabilities outlined by Mr Bradfield. The sales support a value far greater than the value contended for by Mr Bradfield and the appeal must fail. Accordingly the appeal is dismissed and the valuation of the Valuer- General is affirmed. (D.J. Barry) President of the Land Court -- 2 of 2 --