If the government is acquiring your land by compulsory acquisition, then there is important information that you need to be aware of.
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.
If the government is intending to acquire your land by compulsory acquisition, then it must formally notify you of its intention to do so.
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.
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.
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.
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.
Advising on the implementation of the necessary statutory framework and process based on our client’s situation and jurisdiction
Working with land and property owners and valuers towards achieving the greatest compensation outcome
Taking part in negotiations on our client’s behalf
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.