Compulsory Land Acquisitions

“If your home is under threat from developments or proposed developments, you need Jessica and her team on your side. They take away the stress with their common sense advice and strategy.  They have been a godsend for us.”

LJ LOCH
COMMITTEE MEMBER

STRATA PLAN 20345

Let us assist in protecting your rights during a Compulsory Acquisition

Without compulsory land acquisitions, major infrastructure projects which advance our cities would be near impossible; however when clients are faced with part or whole of their land being compulsorily acquired it can be very confronting.

With the roll out of major projects in Sydney, Melbourne and Brisbane such as the Sydney Metro and West Gate Tunnel, more and more property owners are being notified by Government of a compulsory land acquisition of their home or business. As a result of these projects, we have noticed a substantial jump in inquiries from Strata Committees, Owners Corporations, residents and home and business owners wanting advice to understand what their rights are both in relation to compulsory land acquisition and sub stratum land acquisition.

Pertinent to sub stratum acquisition is the fact that compensation is not considered payable if the purpose of the acquisition is to construct a tunnel except in certain circumstances, including when damage arises.1 Resulting damage can come as a complete surprise to home and business owners when it ultimately occurs. We assist owners to understand the process when land is being compulsorily acquired and what steps owners can take to best protect their property in those circumstances.

We are committed to ensuring that our clients receive frank and fearless advice, and a positive outcome when faced with a potential claim resulting from a compulsory land acquisition.

Scope of our services

  • Assist clients pre and during the acquisition process
  • Provide specific advice to clients on the type and extent of compensation
  • Identify requirements for experts and liaise with them to deliver expert advice for property protection
  • Prepare claims for compensation and liaise with government authorities
  • Negotiate disputes as to compensation
  • Preparation of application for Court to review (if challenged) final offer of compensation

Note that in the event a property owner is entitled to compensation from land being compulsorily acquired (excluding sub stratum) you can recover reasonable legal and valuation fees pertaining to the acquisition.

1. Land Acquisition Act (Just Terms Compensation) Act 1991 (NSW), section 62.

Related information

ABC 730 Report

See Jessica Rippon speaking on ABC’s 730 report.

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