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Compulsory Government Acquisition

With our growing population and the increasing need for infrastructure, Governments are often left with no choice but to acquire land.

If you have been contacted by the Government in relation to the acquisition of your land, you need to get legal advice and representation.  Ferguson Cannon has a Property Law Team experienced in dealing with land acquisitions by Government authorities.  Our expertise will ensure that your interests are recognised and protected and that you achieve the maximum amount of compensation.

Methods of Acquisition

There are different methods in which land can be acquired by the Government.  If a Government Authority identifies a need for land, it can be acquired by agreement between the land owner and the relevant authority. Ferguson Cannon Lawyers have the expertise to negotiate the best deal for landholders in this situation.  However if an agreement cannot be reached the land may be compulsorily acquired.

If a Compulsory Acquisition occurs, a Notice of Intention to Resume is forwarded to the landholder (and mortgagee, etc.). This specifies a date (not less than 30 days later) by which the landholder may lodge an objection, in writing, to the resumption of the land.

Compensation

From the date of the land acquisition, the interest in the land is converted into a right to claim compensation. Compensation is assessed according to the value of the interest at the date of the acquisition.

What are my rights to compensation if the land is acquired?

Any person with an estate or interest in the land acquired may lodge a claim for compensation for the acquisition of the land.  We will assist you in lodging this claim.

How is compensation for acquired land assessed?

The relevant Government Authority will obtain a valuation to assess compensation based on the value of the land and improvements. The Authority will then seek to negotiate with you. Again we will assist in this process to maximise your compensation.

What if I don't agree to a compulsory acquisition?

After receiving a Notice of Intention to Resume, the owner of the land may object to the acquisition by setting out their grounds in writing. The land owner will have 30 days in which to object. Ferguson Cannon Lawyers will prepare this objection for you if needed.

Can I obtain professional advice?

The land owner is well within their rights to obtain independent professional legal advice in the preparation of a claim compensation and we highly recommend you do so.  We can negotiate for our fees to be paid by the Government if the acquisition proceeds.

Who pays my costs to move?

For owner-occupied property, it is usual to allow reasonable removal expenses and reasonable costs associated with the purchase of a similar replacement property, for example, legal fees and stamp duty, in the claim. However, these costs must be in proportion to the property acquired by the Authority. Legal fees will also usually be paid.

Can the Government Authority enter my land before payment of compensation?

Before the acquisition process begins, the Constructing Authority or any persons authorised by it can enter your land for the purposes of inspection, valuation, survey, carrying out soil tests and other such activities. Reasonable notice will usually be given.

What if I refuse to vacate?

The Authority may arrange to take physical possession of the land with costs to be met by the person refusing to give up such possession.