Navigating compulsory acquisition
Compulsory acquisition of land frequently occurs due to circumstances outside your control. It is often a frustrating, stressful, disruptive and overwhelming process, but we’re here to help. The acquiring authority typically covers legal fees for compulsory acquisitions, so seeking our help to ensure you receive fair compensation for your interests won’t strain your budget. Our experienced compulsory acquisition team specialises in providing comprehensive legal and strategic guidance throughout the property acquisition process. We are dedicated to helping you achieve the best possible outcome from a situation you never anticipated facing.
Why does the Authority have the right to acquire my land?
Under the Land Acquisition Act 1969 (SA), an acquiring authority, such as the State Government or a local council, can compulsorily acquire privately owned land. The authority can acquire land for public purposes, which is typically for infrastructure projects such as developing new rail, roads and buildings. Whilst it is generally accepted that authorities have the power to compulsorily acquire land or the right to place any easement, right of way or other licence on the land, most land and business owners are surprised to learn that these powers can be exercised whether or not the owner agrees.
What should I do if my interests are adversely affected?
If you receive a letter from an acquiring authority or you’re aware of upcoming significant projects that will leave you adversely affected, it is advisable to seek independent legal advice to ensure your rights are protected. Each acquisition is distinct, and the impact on land and business owners can vary significantly.
If you lose land in which you have an interest, you want to ensure you receive fair and reasonable compensation. Legislation requires the acquiring authority to compensate you with fair market value, but what is fair compensation is often open to debate. The acquiring authority will provide you with basic information about the process, including information about valuations, but affected parties need to identify how their interests are being negatively affected.
Our compulsory acquisition team understands the individual complexities of ownership and how the nature, development and use of property can affect its valuation. We work closely with valuers specialising in this area to ensure our clients obtain a fair market value for their losses.
If you’re seeking comprehensive legal advice on compulsory land acquisition, contact one of our experts today to arrange a free, no-obligation chat about your circumstances. We’re here to help.
Key Services
- Advice regarding land acquisition processes
- Advice and negotiation for compensation claims
- Advice and representation for objections and reviews of proposed acquisitions
- Submissions and objections to property valuations
- Assistance and representation at mediations and settlement conferences
- Legal representation in Court
