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Property & Development

Compulsory Acquisition

Assistance on all aspects of compulsory acquisition and compensation under the Land Acquisition and Compensation Act 1986 (Vic), the Planning and Environment Act 1987 and more.

We assist in negotiating the best outcome for clients facing compulsory acquisition by the government or statutory authorities.

Compulsory Acquisition takes place when the government or statutory authorities acquire privately owned property for public use. By way of example, compulsory acquisition will often occur in order for a statutory authority to build some form of infrastructure such as a road or for public transport such as a new railway line. Individuals, property developers and businesses can be affected by such acquisition.

Although this can be a stressful experience, our team of experienced lawyers understand your legal rights and are experienced in advising you on the options available including selling your land by agreement or, negotiating the maximum compensation. For example, if you are a property developer and you have obtained a planning permit to develop the land, you have several off-the-plan pre-sales in place and have commenced works for the development, you may be entitled to a significantly larger sum of compensation than the ordinary value of the land.

Compensation may also be payable if a planning permit for use or development of your property is refused on the basis it is required for a public purpose in the future.

We help ensure our clients do not incur excessive or unnecessary financial costs from this process and are able to provide practical guidance in relation to compulsory acquisition claims.

We work in conjunction with a team of property valuers, town planners and marketing consultants to achieve the best possible compensation.

As disputes can negatively affect your time, finances, energy, business, well-being, and personal and day-to-day life, we will protect your interests and endeavour to negotiate a mutually acceptable outcome without the need for litigation.

We are highly experienced in alternative methods of resolving a dispute including settlement conferences, mediation and arbitration, and in formulating risk mitigation strategies with a view to avoiding disputes altogether.

Where litigation simply cannot be avoided, our team are strong and experienced litigators. You want us in your corner!

Property industry experience to help property developers & businesses

  • Help understanding the legislation under which acquisition will take place or compensation is otherwise available
  • Reviewing options for sale by agreement or seeking compensation
  • Negotiating the maximum compensation available for you
  • Liaising with relevant authorities
  • Tribunal or Court proceedings

Our Compulsory Acquisition Lawyers

Kristy Muhlhan

Principal

Kristy Muhlhan

Principal
LL.B (HONS) GRAD DIP. L.P., GAICD.
Since 2014, she has been a part owner and director of the firm and has mastered a broad range of essential commercial and business skills which go hand in hand with the work she does...

Annabel Viner

Special Counsel

Annabel Viner

Special Counsel
Annabel leads the planning practice within the Property and Planning Team at Burke & Associates Lawyers.
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