SA Property Rights

Are Property Rights a Thing of the Past?

27 June 2025

2.8 MINS

The South Australian Legislative Council recently passed the Planning, Development and Infrastructure (Use of Vacant Land) Amendment Bill 2022.

Introduced by the South Australian Greens and “not opposed” by the Labor government “in principle”, this Bill seeks to allow the government to take control of privately owned land it deems to be “primarily vacant” and “not being sufficiently used or developed” without paying compensation provided “reasonable steps” have been taken to negotiate with the owner.

The Bill contains no guidance in relation to what constitutes underdeveloped land, nor does it specify how long a landowner has before the government may intervene, yet it provides sweeping powers to seize control of land for loosely defined “public purposes,” including temporary housing.

Worse still, the Bill explicitly exempts the government from paying rent or compensation to landowners.

Future of Property Rights

This socialistic, Big Government approach is typical of Labor and the Greens, and South Australians who are concerned about the future of property rights in this state ought to keep a close eye on how this Bill’s debate in the House of Assembly plays out.

Far from solving the housing crisis, the Bill would have a chilling effect on private investment and development. As the Urban Development Institute of Australia rightly put it, this is “an assault on South Australian property rights.”

The Institute writes:

Last Wednesday, 4 June, an assault on fundamental property rights was launched in the Legislative Council.

The Greens’ Use of Vacant Land legislation, passed the chamber threatening a cornerstone of our legal system.

This Bill proposes that local or state governments could assume control of privately owned land without consent — and without compensation. It is not only outrageous but dangerous.

This approach distracts from the real and pressing issues driving housing undersupply. In many cases, it is government delays — not private owners — that are holding up development-ready land.

“The Bill is focused on the wrong problem. In many cases, if there is land that’s vacant that could have housing put on it, I’ve got heaps of members that want to build more houses,” says UDIA SA Chief Executive, Liam Golding speaking to FiveAA.

“They want to get out there, they want to solve the housing crisis that we’re in. But the hold-up isn’t the fact that they don’t want to do it or can’t do it, it’s that they can’t get infrastructure, they can’t get the permissions, the planning consent to actually go on and build.”

By creating a mechanism for the State to potentially delay or obstruct development, and then step in to repurpose the land, this Bill sets a deeply troubling precedent. It undermines the certainty that is essential for private investment in housing supply — particularly at a time when the sector is under immense pressure to deliver.

“The Bill threatens fundamental property rights in South Australia by allowing government to take control of privately owned land without consent or compensation.

“It risks undermining investment confidence and distracts from the real causes of housing undersupply, such as delayed infrastructure and planning approvals,” says Arvin Bisbal, Director of Solesse, a UDIA SA member.

“This legislation is deeply concerning. I’ve long raised alarm about the housing crisis we face, but this proposal is not a credible solution.

“I’ve already reached out to the government to raise our concerns, to point out that this bill should not progress any further, that this can’t become law, because where we are in South Australia, everyone relies on property rights as the foundation of our entire system. So our society is potentially being upended,” says Liam.

“Michelle Lensink, Shadow Minister for Housing and Planning, has been on the record in Parliament last night opposing this Bill. And the property industry absolutely congratulates the Liberal Party for taking a sensible approach to this Bill.”

Read their full response here.

Answer to Housing is Not More Government Control

Meanwhile, Labor and the Greens continue to support record-high migration levels, which are placing unprecedented pressure on housing supply.

Rather than address this imbalance with sensible reform, their answer is more government control. It’s strange how problems that the government creates need to be solved with more governmental power.

I will continue to stand up for Australians who believe in the right to own and use their land free from state coercion.

___

Republished with thanks to Senator Alex Antic. Join his mailing list here. Image via Adobe.

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2 Comments

  1. f910f8648b50864a0a4fa9cff6838335a9df65757870ba46526d3fd0fd4d5768?s=54&d=mm&r=g
    Ian Moncrieff 27 June 2025 at 7:50 pm - Reply

    Sounds a bit like Robin Hood, but it’s the Government who’s doing the robbin’.

  2. 3672a07b12bfea193dafad84a4f2975b8520255fbeafeb936cbba2a892fcf757?s=54&d=mm&r=g
    Richard Jardine 27 June 2025 at 10:43 pm - Reply

    It sounds like Terra nullius all over again. Little has changed.

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