Do you own, lease or rent a property at risk of being compulsorily acquired?
If land you privately own, lease or rent is at risk of being compulsorily acquired (or if the process of acquisition has already commenced) you should speak with our experienced team of property lawyers as soon as possible to ensure your rights are protected and your best interests looked after.
What is compulsory acquisition?
The Victorian Government has the power to acquire privately owned land for public purposes, either via a compulsory acquisition or a negotiation with the landowner. They do this via the Land Acquisition and Compensation Act 1986 (Vic), which sets out the procedure by which land is acquired for public purposes, as well as how compensation for the landowners (or persons/entities with an interest in the land) is determined.
Have you received a Notice of Intention to Acquire your land, or your interest in land, from the Victorian Government Authority?
If you have already been notified, the process is well underway. You may have already received a certificate of valuation relating to your property, or an offer of compensation from the Authority.
How should I respond to a notification of acquisition?
You essentially have three months to respond to the Notice of Acquisition. This response can either take the form of an acceptance, or a counteroffer. We highly recommend seeking professional advice before any response is provided.
What are my rights?
Every person with an interest in land that is affected by its acquisition has a claim for compensation. There are strict rules which the Authority must follow in order to satisfy the parameters of the Act, and professional legal advice is highly recommended to ensure your rights are protected and your best interests
taken care of.