Knowing your rights: compulsory acquisition of land

Compulsory acquisition of land has the potential to affect many Victorians, given some of the infrastructure projects proposed by the State Government.

The process is governed by the Land Acquisition and Compensation Act 1986 and can be a complex process, so it is essential you are familiar with your rights.

Process of compulsory acquisition:

Notice of intention

The acquiring body must send out a notice of intention to everybody that has an interest in the land, including owners and tenants.

The notice should be supplemented by a document outlining your rights and obligations. Once notice is served, you are unable to sell your home or enter into a new lease agreement. This notice  will lapse after 6 months, if the acquiring body does not extend it.

Notice of acquisition

Land is formally acquired when notice is published in the Government Gazette. A notice must be sent to all interested parties.

Once again, the notice should be supplemented by a document outlining your rights and obligations.

Compensation

An offer of compensation by the acquiring body must be made. However, should this fail to happen, a claim for compensation must be lodged within a 2 year period.

The offer should be supplemented by a document outlining your rights and obligations, and  should be based on a certificate of valuation. If the acquiring body has deviated from this standard method of valuation, another statement outlining the reasons for this should also be provided. The offer can be accepted or disputed.

The story of the Kerrigan family in The Castle is a vivid example of the benefits of proper legal advice.

For more information contact our team on 03 9691 5959.

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