Healesville-Koo Wee Rup Road Upgrade Blog Update

Compulsory Acquisition: 07 May 2020

The Healesville- Koo Wee Rup Road Upgrade recently experienced delays due to the COVID-19 pandemic.

We understand that the landowners who have received a Notice of Intention to Acquire ('NOITA') at the beginning of the year should expect to receive a Notice of Acquisition ('NOA') compulsorily acquiring the land required for the Healesville- Koo Wee Rup Road Upgrade by the end of May.

The effect of serving the NOA is that the land has been compulsorily acquired with ownership transferring to the Authority on the date of the NOA. Once the NOA has been served by the Authority landowners should expect to receive an Offer of Compensation ('Offer') from the Authority for the acquisition of their land. The Offer should be served within 14 days of the NOA being served unless an extension of time has been granted to the Authority to serve the Offer later.

It is important that landowners, tenants and businesses seek independent legal advice from lawyers experienced in acting in compulsory acquisition matters so that their situation can be assessed to ensure that they are in the best position to claim all that they are entitled to from the Authority by way of compensation.

If you have received a NOITA or are expecting to receive a NOITA or NOA and wish to receive further information on the Project and how the compulsory acquisition process works, please contact us to arrange a mutually convenient time to have a telephone discussion.

About Us

Aitken Partners Compulsory Acquisition Team has more than two decades of combined experience in representing landowners, tenants and business owners in compulsory acquisition claims in most (if not all) of Victoria's major infrastructure projects.

Aitken Partners compulsory acquisition team has a great deal of experience with and understands the many complexities associated with the compulsory acquisition of both residential and 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 acquisition.

If you are impacted by the Healesville-Koo Wee Rup Road Upgrade, it is imperative you engage lawyers experienced in compulsory acquisition matters to assist you in obtaining appropriate compensation. The compulsory acquisition process is covered by a unique legislative regime which does not follow standard property and conveyancing law practices.

If you are affected by the Healesville-Koo Wee Rup Road Upgrade , please contact Natalie O'Flynn on 03 8600 6046 to arrange a time to speak with our Compulsory Acquisition Team regarding the acquisition process and your potential rights to compensation if your land is ultimately compulsorily acquired for the Project.