Statement of Facts Jesse James owns a home at the junction of Laucala Bay Road and Grantham
Question:
Statement of Facts Jesse James owns a home at the junction of Laucala Bay Road and Grantham Road. In October 2021, the Ministry for Lands has informed Jesse James that due to the growth in traffic and safety reasons, the roads and footpaths in that junction will be widened to cater for the instalment of a bicycle lane and as such will take a portion of Jesse’s land. Jesse alleges that repeated attempts to be heard by the Minister of Lands regarding his property has been ignored and that there has been a lack of overall consultation and consideration of his views in the final decision. Instructions: Jesse James has come to you with the above facts and requests that you provide him with some advice by answering the questions below:
a. State and explain the legal issue(s) in relation to the above statement of facts.
b. Using the case of Nivis Motors v Minister for Lands and Mineral Resources [2004] FLR 467 what is the relevant law (statute and case law) to be applied to the legal issues identified above?
c. Apply the relevant law to the statement of facts and outline your concluding advice to Jesse James?