Compulsory Acquisition of Land

Government agencies (such as Transport for NSW, local councils etc) can acquire your land if it is required for a public purpose (road widening, line rail other infrastructure etc). It can be a stressful time for a property owner or occupier. There is a required negotiation period to go through before a proposed acquisition notice is issued. Once the acquisition is gazetted in the Government Gazette (Acquisition Notice), title is legally transferred, but the question of monetary compensation remains.

Alas the process doesn’t quite play out like in the iconic movie ‘The Castle’. No trotting off to Court to talk about the “vibe”.

The owner/occupier is definitively at a disadvantage in this process, as they suddenly find themselves up against a well-resourced government agency.

What many people don’t initially realise is that any legal expenses reasonable incurred by the landowner/occupier have to be paid (reimbursed) by the acquiring authority. That is, if you instruct a lawyer, the legal fees are a separate cost added on-top of your compensation and disturbance monetary amounts. If you don’t instruct a lawyer – then there is no claim for legal fees.