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Background

On 16 May 2018 an order was published in the Government Gazette which had the effect of compulsorily acquiring land under approximately 260 properties in Yarraville for the purposes of the West Gate Tunnel project.

The Western Distributor Authority has written to owners of land affected by these compulsory acquisitions.

The acquisitions occurred using powers under the Major Transport Project Facilitation Act 2009 which enables the government to acquire land by publication of an Order in the Government Gazette without going through the usual notification processes ordinarily required under Victorian law.

The depth of acquisitions varied: at the most shallow level, land from 3 metres below surface was acquired; at its deepest, land from 15m below surface was acquired. This means owners have lost that portion of their title in the earth below the surface of their property.

Land holders affected by the acquisitions are entitled to make a claim for compensation. They have 2 years from the date of the acquisition to do so, meaning claims must be lodged by 16 May 2020.

Current Status

We have sought valuation advice from 2 experienced and well-respected valuation firms as to the general effect of the underground acquisition on properties in the tunnel alignment. This evidence will support our clients’ claims for compensation. We are now in the process of obtaining individual valuation reports and preparing claims for lodging.

If your property is affected by an underground acquisition, seek independent advice with us today. We will instruct a valuer on your behalf, advise you on your entitlements and lodge and negotiate your claim for compensation with the Authority.

If you wish to retain us or arrange a free no-obligation discussion, call us on (03) 9602 6940 or get in touch via email: compulsory.acquisition@slatergordon.com.au