Are you being forced to sell your property or land? We can assist.
Compulsory acquisition of land occurs frequently as a result of circumstances beyond your control. We provide clear legal answers and practical solutions that help to increase your compensation and simplify the process.
Our compulsory land acquisition lawyers have extensive experience representing owners affected by forced acquisitions and help our clients understand their rights as soon as they receive notice of a possible compulsory acquisition of land, as well as providing advice on gaining compensation under the Land Acquisition (Just Terms Compensation Act 1991).
Compulsory Acquisition - Class 3 Proceedings
We have acted extensively for dispossessed landowners in Class 3 proceedings in the Land and Environment Court of New South Wales concerning objections to the amount of compensation payable under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act).
We have experience working with:
Individual homeowners
Indigenous groups
Property developers
Farmers/Agriculture
Strata corporations
Local Government
Our process includes
01.
Advising on the compulsory acquisition progress generally and preparing a strategy to maximise compensation.
02.
Compiling teams of experts such as valuers and town planners to advise on all relevant heads of compensation, as well as the highest and best use of the land.
03.
Taking part in negotiations on our client’s behalf with the relevant acquiring authorities, including preparation and lodgement of the claim for compensation.
04.
When negotiations fail, preparing a claim and proceedings in the Land and Environment Court and acting in those proceedings all the way to a hearing.
If you’re after the experts in all things related to the compulsory acquisition of land, 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 should engage lawyers and a valuer to advise you before accepting any offer. The costs of lawyers and valuers will be paid by the acquiring authority.
- The Just Terms Act requires the acquiring authority to negotiate with you for a minimum of 6 months. This encourages all parties to resolve the matter by way of agreement rather than litigation.
- If you are unable to reach an agreement in the initial 6 months, a Proposed Acquisition Notice (PAN) will be served on you and the formal 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 from the issue of the PAN, the land will be compulsorily acquired. This timeframe can be extended by 30 days if both parties agree.
Once the PAN period has expired, notice of the acquisition will be published in the Government Gazette. That date is taken to be the date of acquisition.
Frequently Asked Questions
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 however 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. Some of the more 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.