COMPULSORY LAND ACQUISITION IN NSW

If your home or property from which you conduct your business in NSW is the subject of compulsory land acquisition due to the construction of tunnel, rail, motorway or any other infrastructure, Hones Lawyers is able to assist with ensuring you receive adequate compensation, and your rights are protected throughout the entire process.

Our firm of lawyers has successfully settled a number of compulsory land acquisition matters prior to litigation, and we pride ourselves on a high success rate in achieving the best and fairest results for our clients.

What to expect if your land is being acquired:

  1. The acquiring authority will notify you of its intention but first will try to reach an agreement through negotiation.
  2. If an agreement cannot be reached, you will receive a proposed compulsory acquisition notice.
    This notice provides specific details on dates and means that you are unable to sell the property.
  3. After the notice is received, the government body typically has 90 days to proceed with its compulsory acquisition proposal.

During this process, you will be offered compensation for your property (which is payable under the Just Terms Compensation Act 1991). Hones Lawyers is able to assist with developing counterclaims as well as claiming the expense of legal and valuation fees throughout this process.

How is compensation calculated?

There are a number of factors such as the market value of the land, town planning issues, the time in which the property has been occupied, relocation costs as well as other points specific to the situation.

Contact Hones Lawyers today on 02 8318 0788 to see how we can assist with your compulsory land acquisition matter.

Compulsory Land Acquisition FAQs

Who can purchase my land through compulsory acquisition?

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.

How long do I have to negotiate the terms of a compulsory purchase?

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.

Am I entitled to any help with legal fees during a compulsory acquisition?

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.

What factors are taken into account for compensation for compulsory land acquisition?

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.

Has Hones Lawyers had success with compulsory acquisition matters historically?

Our specialist lawyers have been successful in negotiating a number of compulsory acquisition matters 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.

Which lawyers will I be speaking with at Hones regarding compulsory acquisition?

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.

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