Compulsory Acquisition of Land

Compulsory Acquisition

Our compulsory acquisition lawyers are experienced in handling compulsory acquisition matters for landowners and businesses adversely affected by government acquisitions.

Whether your land is going to be compulsorily acquired or your business has been negatively affected we can assist.
Under the Land Acquisition and Compensation Act 1986 (Vic) the government has the right to acquire privately owned land by compulsory acquisition or negotiation. Governments and authorities can acquire land for public purposes, which is typically for infrastructure projects such as new railway lines and roads.

Fortunately, the legislation requires that they must compensate you with fair market value. Legal fees for compulsory acquisitions are largely funded by the acquiring authority (who is usually the government).

Compulsory acquisition lawyers will help you obtain a fair market value for your loss. Our clients have all received a larger amount of compensation than their original offer.

If you have received a notice from the Government, or been made aware of upcoming planning changes, you should obtain legal advice.

The process usually involves the landowner receiving an:

• Informal offer
• Notice of Intention to Acquire
• Acquisition Notice
• Entering into a voluntary purchase scheme
• Notice of Works commencing in your area

For property owners the process can be frustrating and the offer from the acquiring authority may not be fair market value. Typically the valuation is conducted by the Government’s valuer general and may not be entirely accurate.

We have extensive experience in negotiating and establishing value for your business or property so that you receive a fair settlement.

The first offer from the acquiring authority will not usually be their best.

We prepare a strong case and engage valuers and other experts to establish and define the loss that you will incur.
We establish the correct value for compensation that you should receive everything that you are due under the legislation. Most acquiring authorities will provide a simple valuation or compensation offer that is not sufficient to cover your loss.

We can represent the following in compulsory acquisition of land matters:

• Residential Land Owners.
• Commercial Land Owners.
• Businesses affected by compulsory acquisition

Some matters can be easily negotiated, however more complex matters may require further negotiation. If the government does not accept your claim you can proceed to the land and environment court to ensure that you are fairly compensated.

Businesses that are affected by compulsory acquisition

Businesses that lease or own premises that are affected by compulsory acquisition can also claim compensation. These matters are more complex to assess and there are many considerations to make when assessing a loss.

The compensation sought for businesses can be for such things as:

• Compensation for loss of lease
• Relocation costs
• Costs for interruption to business

These expenses are considerable for business owners when faced with having to relocate due to compulsory acquisition.

We prepare your case and ensure all your expenses and losses are considered carefully. We engage valuers and other experts to properly assess your situation so that your full loss is assessed. This ensures that your case is presented clearly and concisely to the acquiring authority to maximise your compensation.

Our law firm is experienced in obtaining clients favourable outcomes in complex compulsory acquisition matters.
If you are a landowner or a business owner or a licensee who needs advice, contact one of our property lawyers to get advice on your options.

Our legal services are extensive and our law firm assists, represents and advises many SMEs and individuals with their legal needs.

Contact us on 1300 907 305 to speak to an experienced compulsory acquisition lawyer or complete an online form.