Collective Sales

Whether you want to sell or not, government and quasi-government bodies in NSW are able to compulsorily acquire private land, or part of a property, for a public purpose. This includes state-owned corporations such as water suppliers, the state roads authority and transport network provider.

The Land Acquisition (Just Terms Compensation) Act provides a minimum period of 6 months for the acquiring authority and landowner to reach an agreement before a Proposed Acquisition Notice is served. Hones Lawyers can provide advice on compensation and claiming expenses related to valuation and legal fees during this process.

Yes – in most cases, the government will pay your legal fees associated with the acquisition process, including any costs of proceedings in the Land & Environment Court. Whatever stage you are at in the compulsory land acquisition process, contact the experienced lawyers at Hones for specialist advice.

Property owners should be compensated fairly, on the principle of ‘just terms’. There are a number of factors taken into account for compensation such as the market value of the land, any special value of the land, whether a business may be impacted, relocation costs and other points specific on a case by case basis.

It is advisable that property owners engage their own valuer, legal representation and other applicable experts, with the costs associated with these services being included in any compensation claim.

Our specialist lawyers have been successful in negotiating a number of compulsory acquisition of land matters in NSW before they went to litigation. For matters that proceed to the Land & Environment Court, we pride ourselves on achieving the best outcomes for our clients with an over 90% success rate.

Compulsory land acquisition in NSW is an area of expertise for Jason Hones and Gavin Shapiro, both partners at Hones Lawyers. Jason has been in the legal industry since 1993 and Gavin has over 10 years of experience in Environment & Planning Law and Local Government Law. They are both ably assisted by Lesley Finn, an accredited specialist in Local Government and Town Planning Law with over 30 years of experience in planning and compulsory acquisition matters. Contact us today to speak with one of our lawyers.

Land resumption is the process by which governments—federal, state, or local— acquire privately owned land for public purposes. For example, it can be for power-line easements or for roads or rail. There is a strict legal process that must be followed. There will also be significant consultation before any final decision on resuming your land is made.

In NSW, the Commonwealth and State governments (including state-owned enterprises) have the power to acquire privately owned property for public use. They have the ability to acquire all or part of your property.

Only in very limited cases are there grounds to stop an acquisition. However, it is possible to challenge the amount of compensation that the government offers to pay you for your land. You can do this even though the government will provide you with a valuation prepared by the Valuer-General.

Hones Lawyers can assist in making sure you get fair compensation and that your rights are safeguarded throughout the process.