Introduction to Compulsory Acquisition

Your home may not be your castle.  Public authorities such as VicRoads, Council, the Water Authority or the Department of Transport (and many others) have power to acquire your interest in land (e.g. ownership, tenancy or an easement) without your consent.  The acquiring authority is required to give notice of its intention to acquire the interest.  If you receive a notice you should immediately seek legal advice.  The cost of advice is usually recoverable from the authority.

The acquiring authority must comply with a wide range of duties and obligations and the owner has extensive rights to protect property or to claim compensation. Expert advice is needed for the owner to understand the extent of those rights and to insist on fair treatment by the acquiring authority.

There are a number of special Acts of Parliament which allow compulsorily acquisition of privately owned land for public purposes. These special Acts include:-

• The Road Management Act 2004.
• The Local Government Act 1989.
• The Water Act 1989.
• The Pipelines Act 1967.
• The Electricity Industry Act 2000.
• The Victorian Urban Development Authority Act 2003. 

The above list is not exhaustive.

The Land Acquisition and Compensation Act 1986 prescribes procedures by which an authority may enter, occupy and acquire an interest in land. This Act also specifies various compensation entitlements and dispute resolution methods.

Acquisition may apply to all or part of the land. It usually has an adverse impact on the value of the land. It may disturb or even destroy business conducted on the land. Entitlements differ widely with the nature of ownership or use of the land.

Independent professional advice from solicitors, valuers and others is necessary for the owner to ensure losses arising from the acquisition are properly assessed and notified to the authority within a reasonable time. The cost of retaining professional advisers can be recovered from the acquiring authority.

How can Rennick & Gaynor assist?

We can help you by:- 

• negotiating the terms on which the authority may enter or occupy your land.
• monitoring the acquiring authority’s activities to ensure compliance with its obligations.
• planning your response to the acquiring authority’s longer term intentions.
• retaining experts to assess your entitlements to compensation, e.g. rent or property valuation, town planning, property restoration and other issues.
• making your compensation claim. Contact us now

 

Compulsory Acquisition Checklist

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