Compulsory Acquisition Lawyers
Compulsory Acquisitions by statutory authorities and governments are an unfortunate fact of life. Land and interests are acquired for new roads, public facilities, the supply of services and other infrastructure projects.
Our compulsory acquisition lawyers only act for land owners, businesses and tenants affected by the compulsory acquisition process. We do not act for Government Departments, Councils or any other Acquiring Authorities on any project.
If your interest has been compulsorily acquired, we will work with you to ensure you are fairly compensated. It is important to us that our clients feel respected and heard through this process.
We will help recover not just the true value of your property but also the loss of its potential and any special value the land may hold for you. We will also get compensation for your relocation, other associated expenses and, what the legislation calls ‘solatium’ – which is for any intangible and non-pecuniary disadvantages you may suffer because of the compulsory acquisition.
In the case of affected businesses, in addition to any relocation or fit out expenses incurred, compensation will be assessed on the impact (or potential impact) to the business as a result of the acquisition, considering (amongst other things) the location, the age of the business, the length of leases and possible and consequential losses. If a business chooses to relocate, we believe it is important to work with the relevant authorities (and the Project) to ensure continuity of business during the acquisition process to facilitate a smooth transition and relocation process.
We understand the human side of compulsory acquisition, and we work hand in hand with valuers and other experts to support our client’s claim for compensation. Our professional compulsory acquisition lawyers have a broad and in-depth understanding of the Land Acquisition and Compensation Act 1986 (Vic) and the factors that may be taken into account when assessing compensation.
At Aitken Partners, we can assist clients in obtaining advances of compensation from acquiring authorities at an early stage of a claim to help cover the costs of conduct of claims.
We have acted for owners, tenants and businesses affected by most major projects in Victoria over the past few decades and for many owners affected by minor road widening schemes and public acquisition overlays.
A snapshot of some recent compulsory acquisition projects on which our team is advising or has advised clients include:
- Melbourne Airport Rail
- Surburban Rail Loop (East)
- Melbourne Metro Rail Project
- North-East Link
- West Gate Tunnel Project
- Level Crossing Rail Removal Projects
- Kananook Train Storage Facility
- Yan Yean Road Duplication
- Drysdale Bypass
- Outer-Western Suburban Arterial Roads Project
- Princes Highway Duplication
- Western Highway Duplication
- East/West Link
- Phillip Island Road/ Back Beach Road Roundabout Project
- Yarra Valley Water Projects
- Gippsland Line Upgrade
- APA Gas Pipeline Projects
- City West Water Pipeline Projects
- Healesville-Koo Wee Rup Road Duplication
- Bridge Inn Road Upgrade
- Plenty Road Upgrade (Stage 2)
- Craigieburn Road Upgrade
Our team is passionate about the rights of our clients through the compulsory acquisition process and has decades of experience representing land owners, businesses and tenants across Victoria.
Get in touch
To get in touch with our compulsory acquisition lawyers in Melbourne, fill out the form below or give us a call: +61 3 8600 6000
Located in Melbourne CBD at Level 28, 140 William Street, Melbourne. Servicing all Melbourne suburbs online and within a 15-minute drive for: Melbourne CBD, Carlton, Fitzroy, Richmond, South Yarra, St Kilda, Brunswick, Collingwood, Prahran, South Melbourne, North Melbourne.
Frequently Asked Questions
Compulsory acquisition, also known as eminent domain or expropriation, is the power of the government to take private property for public use, with just compensation paid to the owner.
Compulsory acquisition is typically used for projects that benefit the public, such as:
- Infrastructure development (roads, railways)
- Public utilities (water, electricity)
- National defense
- Urban renewal
- Environmental protection
Compensation is typically based on the fair market value of the property, which is the price a willing buyer would pay to a willing seller in an open market transaction. Factors considered in determining fair market value may include:
- Location
- Size and condition of the property
- Zoning and land use restrictions
- Recent comparable sales
An easement is the right to use another person's land for a specific purpose (e.g., right of way, access to utilities). Compulsory acquisition of an easement allows the government to acquire the right to use a portion of private land for a public purpose, without acquiring ownership of the land itself.
In Australia, compensation received for compulsory acquisition of land may be subject to capital gains tax unless the land was your main residence and you qualify for the main residence exemption.
Yes, a lease can be terminated upon compulsory acquisition of the property. However, the lessee may be entitled to compensation for the loss of their leasehold interest.
Yes, a mortgagee (lender who holds a mortgage on the property) may be entitled to compensation for the loss of their security interest in the property.