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.
The Western Distributor Authority information provided to owners referred to analysis by the Valuer General and said that ‘this shows there is generally little difference in values’ for properties affected by tunnels, suggesting owners would not have any claim for compensation. In our view the Valuer General’s report referred to by the Authority is not a comprehensive or current analysis of sales evidence. We are conducting detailed investigations into the effects on value of underground acquisition, tunnel construction and infrastructure underground.
If your property is affected by an underground acquisition, seek independent advice with us today.
You can read further information here.