Is your property being acquired by compulsory process?
If the government is acquiring your land by compulsory acquisition, then there is important information that you need to be aware of.
Why is land acquired?
For developments such as new roads, infrastructure or airports the government may seek to acquire privately owned land that is needed for the particular project.
Notification
If the government is intending to acquire your land by compulsory acquisition, then it must formally notify you of its intention to do so.
Negotiation
Following the initial notification, there will be an opportunity for you to negotiate with the relevant acquiring authority to see if you can come to an agreement regarding the amount of compensation that you will receive for your land.
Formal acquisition
If you are unable to negotiate an agreed compensation amount for your land, the government will proceed with the formal acquisition process. This is not done by a contract. Instead, a notice is published in the Government Gazette and title in your land then vests in the government.
Offer of compensation
Once your land has been acquired, you will receive a formal offer of compensation for an amount determined by the Valuer-General. The dollar figure that you receive for the acquisition is determined by a number of factors. These include the market value of your property and land, as well as relocation costs. If the acquisition results in significant hardships and disadvantages, particularly if it has a significant impact on your business, the final amount you receive may be adjusted to account for them.
Court proceedings
If you do not want to accept the amount of compensation that is offered to you, then you must commence legal proceedings, called an objection, in the Land and Environment Court. If you do not do this, then you will not be able to dispute the amount of compensation. Hones Lawyers is experienced in these types of court proceedings.
Having your land, home and business acquired by the government is not a pleasant experience for anyone. However, it can be made easier if you have someone to assist you to understand your rights, guide you through the process and to ensure that you are fully and properly represented and compensated.
For more information on compulsory acquisition, get in touch with us today at (02) 8318 0788 or contact us here to book a consultation.
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.
Get In Touch
Get In Touch
Contact us by phone or using our website enquiry form with information on your matter. Providing enough information in this part of our process will allow us to get back in touch with you regarding your options.
Meet
Whether it’s in person, over the phone or by Skype – this will allow us to ask any questions we might have regarding your matter and will allow us to build a better working relationship.
Solution
At this point we should have enough information in order build a strategy to move forward with (or in some cases, various strategies).
