Compulsory Acquisition General Advice

Compulsory Acquisition: 23 March 2019

Aitken Partners have acted for many land owners whose properties have been acquired as a result of various infrastructure projects. We act exclusively for land owners and the members of our Compulsory Acquisition team are familiar with the Land Acquisition and Compensation Act (the Act) under which compulsory acquisitions proceed. 

Under the Act, the acquiring authority is obliged to pay a person whose property is being acquired (either in whole or in part) his or her legal, valuation and other expenses necessarily incurred by reason of the acquisition.  Therefore, if your property is to be acquired you ought to seek both legal and valuation advice concerning the acquisition.  Independent accounting advice may be necessary in the case of businesses.

If your property is one that is not being formally acquired by an authority under the terms of the Act, the authority may still agree to acquire your property.  If this is the case, then you may need assistance in negotiating with the acquiring authority to obtain the benefits under the Act in the acquisition of your property, otherwise you may be substantially disadvantaged compared with your next door neighbour.

Tenants also have rights and can seek assistance for moving and relocation costs.

Compensation not only includes the value of your property (assessed on the highest and best use), but also the stamp duty and related costs associated with finding a replacement property and relocating, as well as a few other factors such as solatium and disturbance