Resources

Received a notice that your property may be compulsorily acquired? Finding a lawyer who understands compulsory acquisition can make a real difference to how you navigate the process. Here are a few important questions to help you understand their experience, how they can help with your claim and what costs to expect. Key takeaways Understand…

Are you unsure what ‘just terms’ means if the government is taking your property? Simply put, it means you should be paid fairly for everything the compulsory acquisition costs you, not just for the land. The Constitution calls this the acquisition of property on just terms. Here’s what that includes and how to check if…

If the government wants to take your property, you have six rights, no matter where you live in Australia.  These are: written notice, a real negotiation period, the right to object, an independent valuation, fair ‘just terms’ compensation, and the right to dispute an unresolved offer. Laws, timelines, and the names of the authorities may…

Yes, in most cases you can. Each state and territory has laws that require the acquiring authority to pay back the valuation fees you have reasonably spent as part of your compensation. Key takeaways Land acquisition laws across Australia include reimbursement of reasonable valuation fees, not just in one state. Costs depend on the property’s…

Queensland’s compulsory acquisition rules do not work the way many property owners assume, and the gaps between belief and law are exactly where owners lose money. The most costly misunderstanding: unlike New South Wales, Victoria and South Australia, Queensland has no solatium scheme, so emotional distress and sentimental value are not compensable here, no matter…

Yes, you can object. Sometimes, you may be able to challenge the acquisition itself, but this is rare. More often, your best option is to dispute the compensation offered, as this is where you are most likely to succeed. Key takeaways You can either object to the compulsory acquisition itself or to the compensation offered,…

Yes, you can object. Sometimes, you may be able to challenge the acquisition itself, but this is rare. More often, your best option is to dispute the compensation offered, as this is where you are most likely to succeed. Key takeaways You can either object to the compulsory acquisition itself or to the compensation offered,…

When the government takes just a strip, corridor, or small part of your land, it can hurt your finances. In some cases, it’s worse, because the land you keep might drop in value. Understanding the compensation you deserve can help you avoid settling for less and make sure you receive your full entitlement. Key takeaways…

A government energy corporation can compulsorily acquire an easement over your farm under your state’s land acquisition act, and your rights are identical to someone losing their home to a highway. Private solar and wind farm developers have no such power, and that one distinction shapes everything about how you should respond when the first…

The law that protects you depends on where your property is. In New South Wales, it’s called the Land Acquisition (Just Terms Compensation) Act 1991, or the Just Terms Act. Every other Australian state and territory has its own similar law. Most people learn about these laws only when they receive an acquisition notice in…