Compulsory Acquisitions

Compulsory Acquisitions – Selecting the Right Representatives

When you choose a house to live in, you dedicate time, energy and money into making it your home. A home is not just a place to rest and a safe place to be, but it is also where memories are made. Much of your history stems from your home, and there is a lot of sentimentality associated with it. You spend years sprucing it up, looking after the garden, raising the kids or just kicking it back on a sunny afternoon. However, for some, your home may also be taken away from you.

As Australia continues to grow, so too are the needs of the population. This includes infrastructure work such as building new roads, train lines, hospitals, car parking, widening of existing roads and similar to the situation encountered by the Kerrigans in the film “The Castle”: an airport. As a result, the government have earmarked properties to be compulsorily acquired.

Owners of such properties are well within their rights to challenge the acquisition of their homes and some may succeed… however in most cases, the government will continue with the process of compulsory acquisition.

Homeowners, landowners and those who have interest in the land are well within their rights to seek a fair compensation for the compulsory acquisition for their homes. The acquiring authority (such as the council or government) would in most cases, set a rate which in some cases are well below the market value for your property. However, you are also entitled to seek legal advice and an independent valuation to negotiate the value of your property and in most cases, the acquiring authority will cover these costs.

As a result, it is essential to ensure that you find the representatives that will do the best job for you. These representatives will form a part of your team. They are:

  • A solicitor who has years of experience and better yet, specialises in acquisition matters who will ensure that you will put your best foot forward when it comes to negotiation and to also identify exact your rights in these matters. One who understands the plight of landowners when it comes to these matters. One who will represent YOU.
  • A property valuer who has completed a multitude of valuations for the landowner’s side who is well versed in the methodology in determining both the fair market value of your property but also of the other elements of compensation that occur as a result of having land compulsorily acquired.

Both of these representatives will need to ensure that they communicate with each other over the course of the matter at hand to ensure that all possible aspects of compensation are considered for the property.

We at Vanguard understand the stress involved when it comes to compulsory acquisitions and we strive to do our best to ensure the best outcome for you. Please contact us or call us on 1300 359 886 and one of our friendly staff will be able to assist in your matter.

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