Compulsory Acquisition:

Compulsory acquisition of land occurs when the government, a government body or a corporation acquires privately held land for some public benefit, while also compensating the owner of that land for the acquisition. Such arrangements can be compulsory or by mutual agreement.

Ordinarily, councils or specially constituted development corporations will undertake land acquisition. A common example may involve road widening. The power to acquire land will come from a legislative instrument such as the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) or the Roads Act 1993 (NSW). A Council wishing to widen a road will need to pass a resolution at one of its meetings to that effect, and also seek approval from the Minister for Local Government and his Department, before any action can be taken. Usually, the Council will contact the owner of the land and seek a mutual agreement on the acquisition. If no agreement is reached, the land can then be compulsorily acquired. The Council will give notice to the owner before obtaining title to that part of the land that is necessary for the road widening.

If you are involved in a dispute concerning compulsory acquisition, there may be a variety of important legal considerations that might need to be weighed up before any material steps are taken in your matter. Our Sydney property lawyers and compulsory acquisition lawyers have the skills and experience needed to guide any litigant who feels that his rights are being infringed.

If you would like to discuss your compulsory acquisition matter in more detail, you can contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au to arrange a meeting with our property solicitors.

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