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Eligibility to claim

Disclaimer

Our website contains general legal advice and should not be acted on without consultation. We recommend that legal advice should be sought before dismissing the prospects of a potential claim for compensation.


To make a claim for compensation for compulsory land acquisition, as a general proposition, a person or company must satisfy the following:-

  1. Have “an interest in land”; and
    If a person or company does not have an interest in property, the person or company may be unable to make a claim for compensation.

    AND

  2. Either:-
    1. Under the Planning & Environment Act 1987, having a planning permit refusal or a reservation of at least part of the property for a public purpose in the relevant planning scheme.
      If a person or company has an interest in a property, but the planning permit refusal or a reservation for a public purpose only affects an adjoining property owned by another, the person or company may be unable to make a claim for compensation.

      OR

    2. Under the Land Acquisition and Compensation Act 1986, have part of the property acquired, divested or reduced in value.
      If a person or company has an interest in the property, at least part of which is acquired, the person or company may not be able to make a claim for compensation if the purpose of the acquisition enhances the value of the remaining land.

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