Our property lawyers assist to achieve the best outcome for our clients facing compulsory acquisition by the government or statutory authorities.

What is compulsory acquisition at law?

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

Can you fight compulsory acquisition?

There may be an opportunity to appeal compulsory acquisition but it is dependent upon the specific circumstances and in most cases it is unlikely due to the fact that the government or a statutory authority is seeking the property for public use.

Although this can be a stressful experience, our team of experienced property lawyers understand your legal rights and have the expertise to advise 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.

Our property lawyers 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.

Our property lawyers 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, business, and personal life, we will protect your interests and endeavour to negotiate an acceptable outcome without the need for litigation.

Our property lawyers are highly experienced in alternate methods of dispute resolution including settlement conferences, mediation and arbitration. If necessary our property lawyers can also formulate risk mitigation strategies with the aim of avoiding disputes altogether.

Where litigation cannot be avoided, our legal team are strong and experienced litigators. We have the level of expertise you need.

Property industry experience to assist with a compulsory acquisition includes:

  • 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 Property & Property development lawyers have extensive experience in dealing with all aspects of property, real estate and property development law. Our team of property lawyers, including an accredited specialist have assisted many clients with their compulsory acquisition needs.

If you have any questions about a compulsory acquisition or would like to find out how our property lawyers can assist you with your compulsory acquisition, please don’t hesitate to contact our office on +61 3 9822 8588.

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