Compulsory Acquisition

Compulsory Acquisition (sometimes known as resumption) of land is the power vested in Commonwealth, State and Local governments and authorities to take private property for public use. It is most often used in NSW for the building of roads, railways and other transport corridors, power transmission lines, and sometimes for extensions to other public land such as National Parks.

It is a process that is governed by law. In NSW, compulsory acquisition is governed by the Land Acquisition (Just Terms Compensation) Act 1991, the Constitution of the Commonwealth of Australia, and a considerable body of case law (that is, judge-made law which arises from the judicial interpretation of the statute law).

It is often the case that landowners, or other interest-holders in land (such as, for example, tenants in subject land) are unwilling vendors. Nonetheless, the government has, within the confines of the law, a simple right to forcibly acquire your land. It can be done cooperatively (by agreement) between the parties, or by the following of legal process by the government, both of which end in compensation being paid by the government to the landholder for the acquisition of the interest.

Although the legislative requirements are clear, the process can be confusing and stressful for landowners. The trick always is to ensure that you are paid the highest possible level of compensation for the loss of your interest in the land.

Usually the acquiring authority (such as the RMS) will attempt to compensate you for far less than the true value of your property and the damage that the forced move will cause to you and/or your business.

To ensure the best result, it is vital to be well represented and informed.

We will work for you to ensure that you are compensated to the maximum extent of the law. That includes not only the proper value for your property (which is rarely what you are originally offered), but also any special value the property has to you, itsĀ  potential value, your relocation, accountancy, professional and accountancy advice costs, loss and damage caused to your business, plus an amount for solatium, which is the non-financial disadvantage resulting from the needĀ  to relocate.

We have the skills and experience to ensure that you get the best possible financial result from the loss of your property interest.

We will work individually with you and our expert valuers to put together a compelling case for higher levels of compensation than are originally offered by the acquiring authority.

As part of the compulsory acquisition process, you are entitled to receive legal advice and to be represented by lawyers. We will act for you as part of your entitlements under the compulsory acquisition process. The acquiring authority pays our bill: you pay nothing.

Please contact Tolly Saivanidis or Robert Macaulay to discuss your particular matter.