Compulsory acquisition is one of those necessary but unpleasant occurrences which may arise at any time and without much forewarning. Stacks is here to assist and advise you in the event that your property is being acquired.
With the rollout of WestConnex, NorthConnex and the Sydney Metro project, more and more people are being notified by the government of the compulsory acquisition of their home or business premises.
If you’re a home or landowner whose property is being acquired by the local or state government, this can understandably be a stressful time for you. Sometimes, compulsory acquisitions can come without much forewarning, leaving you to make alternative arrangements for your living situation in a short space of time.
If you are currently facing the compulsory acquisition of your property or piece of land by the government, Stacks Law Firm has the expertise to help you get the best possible outcome for your situation, and minimise the impact on your life and work.
What is compulsory acquisition?
Compulsory acquisition is when a government organisation or body makes claim to a piece of land in order to carry out a public project such as building new government buildings, new roads or highways, or other public construction projects. The process is governed under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW).
The compulsory acquisition process
Firstly, the landowner will be contacted by the authority who wishes to acquire the land, and they will attempt to reach an agreement with the landowner before any kind of formal acquisition notice is given. If negotiations are successful, and the landowner is happy with the situation, the acquisition can take place quickly and with little disruption.
The value of compensation will be assessed by the New South Wales Valuer General, and varies based on:
- the market value of the land;
- any loss to the value of other land caused by 'severance' (eg running a road through a large farm); and
- any other special matters.
Normally, the process goes smoothly, and while usually it involves an inconvenience on some level for the landowner, both parties are able to reach an amicable agreement.
However, if you feel as though you are not receiving the compensation or reimbursement you deserve, then this is when it may be necessary and advisable to receive legal advice and representation.
At Stacks Law Firm, we can help you to get the maximum amount of compensation you deserve. Our specialist lawyers have decades of experience and expertise in the area and are your trusted advisors during this difficult time. We can help you:
- Determine whether the compensation being offered is adequate
- Help you get more time to find an alternative place to live
- Fight the acquisition completely
If you have questions about your rights, are wondering whether you are being compensated adequately for your land, or are seeking to make a formal objection to your property being acquired, then contact the experts at Stacks today