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If your land or business is being compulsorily acquired, we can help

Compulsory acquisition (also sometimes called resumption) occurs when the government acquires land or property from individuals or businesses for public purposes such as building roads or rail infrastructure. Landowners, leaseholders and businesses can all be affected by compulsory acquisition.

Regardless of the type of acquisition, if your interest in land is acquired, you are legally entitled to compensation. Each state in Australia has different laws in relation to compulsory acquisition and entitlements to compensation.

We can provide legal assistance to individuals and businesses whose land, tenancy or business is set to be impacted by a compulsory acquisition and want to understand their rights.

Our service is of no cost to you

If you own the property affected by the acquisition, there is no cost to you for our work on the preparation and negotiation of your claim. The acquiring authority is required to pay for any professional expenses you incur. We will only seek to recover our professional expenses from them - not you. Even if we aren't successful, these expenses will still not be paid by you.

The acquisition process

The acquisition process varies depending on the legislation in the relevant State or Territory. The process can also differ depending on what type of project the Government is acquiring the land or property for. A public roads authority undertaking a small roundabout upgrade, for instance, will use a different process from a major infrastructure authority building a new train tunnel.

In general, the notice period is lengthy. It's uncommon to be given a short notice period.

Am I allowed to sell up?

During both the pre-acquisition and acquisition stages, you cannot undertake the following without consent from the acquiring authority:

  • Selling your property
  • Entering a new lease
  • Making improvements or renovating.

Your entitlement to compensation

Regardless of the type of acquisition, if your interest in land is acquired, you are legally entitled to compensation.

Each state in Australia has different laws in relation to compulsory acquisition and entitlements to compensation.

We can provide expert legal assistance to individuals and businesses whose land, tenancy or business is being acquired. We have broad expertise in compulsory acquisitions and have acted in major infrastructure projects funded by the Australian Government.

What we can do for you

Our team has acted for individuals, communities and businesses affected by all kinds of acquisitions. We can help you understand your legal rights and ensure you receive the compensation you're entitled to.

Our experienced compulsory acquisition lawyers can help you:

  • Understand the applicable statutory compensation regime
  • Develop negotiation strategies to maximise your compensation
  • Conduct negotiations on your behalf with the acquiring authority
  • Escalate disputes to a Tribunal or Court hearing if necessary
  • Conduct court proceedings if required.

We develop all claims with the aid of a team of experienced experts including property valuers, town planners, forensic accountants, engineers, and business and marketing consultants. You can rely on us to achieve the best possible compensation outcome for you.

Current acquisitions affecting our clients

We have acted and continue to act for clients affected by a wide range of Government-funded projects across Australia including new roads and tunnels, new rail infrastructure, and the construction of schools and hospitals. In some instances, we have helped clients obtain compensation that was five times higher than the initial amount offered by the acquiring authority.

The level of professionalism and knowledge that my lawyers showed throughout the claims process provided me with a great sense of comfort and confidence. Slater and Gordon's time and efforts were greatly appreciated throughout what would otherwise have been a very traumatic experience.

Ryan

Investor

Fees

If you own the property or land affected by the compulsory acquisition, there is no cost to you for our work on the preparation and negotiation of your claim. The acquiring authority is required to pay for any professional expenses you incur. We will only seek to recover our professional expenses from them - not you. If we are not successful, these expenses will still not be paid by you

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More information

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If you have a question, want some more information or would just like to speak to someone, make an enquiry now and our Commercial Litigation team will be in touch with you as soon as possible.