How does the process of compulsory land acquisition operate in Australia?
In summary, the following steps outline the process of compulsory land acquisition:
- The acquiring authority serves a Notice of Intention to compulsorily acquire particular land.
- In some jurisdictions, the landowner has the opportunity to lodge an objection.
- A notice of the acquisition is published in the Government Gazette.
- The land is compulsorily acquired by the government authority.
- The Valuer-General determines an amount of compensation to be payable to the claimant.
- The Claimant can negotiate with the Authority and then either accept or reject the offer of compensation.
- If the offer is accepted by the claimant, the claimant receives the compensation and vacates the land.
- If the offer is rejected, the claimant, through their legal representative will seek an alternative compulsory acquisition valuation and the relevant Court will decide on the amount of compensation payable to the claimant.
These steps provide a high level overview of the compulsory acquisition process and vary in their operation depending on the jurisdiction of the acquisition. We recommend that you obtain legal advice to take account of your particular circumstances. Rushmore Group (incorporating Bawbridge & Associates) specialises in valuing or quantifying the cost of relocating a business whose land is subject to compulsory acquisition.
Other Key Principles
- Basic Process
- Market Value
- Dispute compensation
- Time Limits
- Obtaining a valuation
- Key cases
If you are subject to a compulsory land acquisition, then we strongly recommend that you seek expert professional advice. Rushmore’s expert valuers can assist you determine the compensation that you are entitled to.
For a complimentary appointment in relation to a compulsory land acquisition in all jurisdictions of Australia, please contact us on (02) 8019 7262 or via email.