Aitken Partners Compulsory Acquisition Update

Compulsory Acquisition: 20 January 2020

The Aitken Partners compulsory acquisition team has more than two decades combined experience in representing landowners, tenants/occupiers and businesses in compulsory acquisition claims.

The Aitken Partners compulsory acquisition team has more than two decades combined experience in representing landowners, tenants/occupiers and businesses in compulsory acquisition claims. If you are facing the daunting prospect of having the property you own or lease being compulsorily acquired, our experienced team can guide you through the compulsory acquisition process.

We do not act for Government Departments, Councils or any other Acquiring Authorities on any project. We pride ourselves on acting exclusively for landowners, businesses and tenants. We have represented landowners, tenants and business owners in most (if not all) of Victoria's major infrastructure projects during the past 15 years.

We have a thorough understanding of the compulsory acquisition legislation and case law in Victoria, we will explain the compulsory acquisition process to you and advise you on what is the best approach for your individual situation to ensure you receive all the compensation you are entitled to claim.

In addition, Aitken Partners compulsory acquisition team has a great deal of experience with and understands the many complexities associated with the compulsory acquisition of commercial land. For example, Aitken Partners recently acted in the Supreme Court for successful claimants in the matter of Provans Timber Pty Ltd in relation to a business being conducted on a property owned by related entities. Both entities were found to have an interest in the acquired land and therefore both entities were entitled to separate claims for compensation as a result of the compulsory acquisition.

In 2019 we represented landowners, businesses and tenants/occupiers who were impacted by the following projects:

• Duplication of Princes Highway- Winchelsea to Colac Project;
• Drysdale Bypass Project;
• Yan Yean Road Duplication Project, Stage 1;
• Melbourne Metro Rail Project;
• West Gate Tunnel Project;
• Western Arterial Roads Project;
• Level Crossing Removal Project (Cheltenham);
• Plenty Road Upgrade Project, Stage 2;
• Avon River Rail Bridge Upgrade Project;
• Kananook Train Storage Facility Project; and,
• East West Link.

In 2020 or soon after, we expect to see the compulsory acquisition process for the following projects commence:

• North East Link Project;
• Melboune Airport Rail Link Project;
• Healesville-Koo Wee Rup Road Duplication Project;
• Tarneit and Sayers Road Duplication Project; and,
• Level Crossing Removal Project (South Gippsland Highway).

If you are a landowner, tenant/occupier or business owner and are facing the prospect of having your property compulsorily acquired, please contact our friendly compulsory acquisition team on 03 8600 6046, who can answer any questions you may have regarding the compulsory acquisition process and your potential rights to compensation.