Are you being forced to sell your property or land? We can assist.

Compulsory land acquisition occurs frequently as a result of circumstances beyond your control. We provide clear legal answers and practical solutions that help to increase the process and outcome’s predictability.

Our compulsory land acquisition lawyers have extensive experience representing parties affected by forced acquisitions and can help clients understand their rights as soon as they receive notice of a possible compulsory purchase of land, as well as provide advice on gaining compensation under the Land Acquisition Act 1991 no 22 (Just Terms Compensation).

We have experience working with

Individual homeowners

Indigenous groups

Property developers

Farmers/Agriculture

Small/Large businesses

Strata corporations

Local government

Our process includes

1.

Advising on the implementation of the necessary statutory framework and process based on our client’s situation and jurisdiction

2.

Working with land and property owners and valuers towards achieving the greatest compensation outcome

3.

Taking part in negotiations on our client’s behalf

4.

Representing clients through tribunals or hearings if required

If you’re after the experts in property, planning and environmental law please get in touch with us to see how we can assist with your matter.

You may be asking just How the Compulsory Acquisition Process Works

  • You will receive a letter from the acquiring authority advising you of their intention to acquire an interest in your land. 
  • Next, you will receive a Letter of Offer. You may accept the offer or alternatively, engage lawyers and a valuer. These costs should be paid by the acquiring authority. 
  • The statute requires the acquiring authority to negotiate with you for a minimum of 6 months. This encourages them to resolve the matter by way of agreement. 
  • If you are unable to come to an agreement, a Proposed Acquisition Notice (PAN) will be served on you and the compulsory acquisition process will commence.
  • Once the PAN has been served, you have 60 days to lodge a claim for compensation with the Valuer-General of NSW.
  • After 90 days, the land will be compulsorily acquired. This timeframe can be extended by 30 days if both parties agree.

This is taken to be the Date of Acquisition.

Compulsory Land Acquisition FAQs

What is Compulsory Acquisition?

In NSW a government authority may have the power to compulsorily acquire an interest in your land for a public purpose but it must follow the strict guidelines set out in the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (the Act)

We regularly act for clients against government authorities such as transport for NSW, local councils and utility providers. And some of the Common Land Acquisition Projects in NSW include: Sydney Metro expansion, Western Sydney Airport, Parramatta Light Rail and WestConnex motorway.

Can the government acquire my land in NSW?

In NSW, the commonwealth and state governments (including state-owned enterprises) have the authority to acquire privately held property for public use. They have the ability to acquire all or part of your property.

What is the name of the law for compulsory acquisition in NSW?

The Commonwealth Lands Acquisition Act 1989 and the NSW Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) both function in a similar manner.

Each Act sets a procedure for informing and negotiating with landowners who are impacted by the compulsory land acquisition.

Can you fight compulsory acquisition?

It is possible to challenge compulsory acquisition in court if you have adequate evidence. Hones Lawyers can assist you in making sure you get fair compensation and that your rights are safeguarded throughout the process.

Get In Touch



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    Meet
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