Compulsary land Acquisition

Practice Areas > Compulsary land Acquisition

Privately held land can be acquired by State or Commonwealth Government authorities under certain circumstances, for purposes such as the construction of roads, pipelines, power lines, parks and recreation facilities.

The method by which land can be acquired is set out in the relevant legislation, and will usually involve either negotiation or compulsory acquisition.

By Negotiation

A land owner may decide to negotiate compensation for the proposed acquisition of land or an easement with the Acquiring authority. However, the pitfalls surrounding negotiations are numerous and in such circumstances it is recommended that the landowner seek legal assistance.

In almost all cases, the acquiring authority will request the landowner to sign off an agreement which is heavily biased towards government authority. Therefore it is essential that the landowner pay special attention to the details of the proposed agreement and obtain legal advice.

By Compulsory Acquisition

The relevant legislation at State and Commonwealth levels sets out the procedures for an acquiring authority to follow to either acquire land or an easement over land, including notice, compensation and valuation requirements.

Compulsory land acquisition matters can be complex and are generally stressful to a land owner who is served with a Notice of Intention to Acquire. Should you receive any such notices or are concerned that your property may be the subject of a compulsory land acquisition, contact mdp McDonald Partners' property team for legal advice. Our legal team will work with you to ensure that your rights are protected, and ensure that the outcome is as favourable as possible.