Compulsory acquisition of land occurs when the government, a government body or a corporation acquires privately held land for some public benefit, whilst 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 is where the land is required for the purposes of widening the road or constructing a freeway. The power to acquire land is found within 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 in favour of that action, 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 an agreement cannot be 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 necessary for the road widening.
If you are subject to a compulsory acquisition of land order which you wish to dispute, or are seeking assistance in the negotiation process, Navado has experience in this area and may be able to assist you throughout the entire process. At Navado we have experience in contesting valuations and in raising objections, and may be able to help you to either reach an agreement or to proceed to dispute resolution.
If you require assistance with a proposed acquisition of your land, we recommend that you contact our office and arrange an appointment to see one of our Property & Personal Property Dispute Solicitors in our Sydney office. By appointment, we can also arrange a time for you to see one of our lawyers at a branch office. For a complete listing please see our "Locations" tab.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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