Land Acquisition and Just Terms Compensation
It is always a shock to receive a notice or telephone call that a government agency has identified your property for compulsory acquisition for a major project.
Once the acquisition process has commenced, the acquiring authority is legally obliged to pay you market value for your land. In most cases, the acquiring authority will present you with an opening offer based on a set rate, which in many cases is well below the market value of your property.
Once you have received an opening offer, you have the right to negotiate and present your valuation case to the acquiring authority.
There are very strict time limits and non-action can result in your acceptance of the acquiring authority’s initial compensation offer or can prevent you from appealing the offer at a later date. Please contact David Newhouse on (02) 9922 1100 for a free initial consultation regarding your proposed acquisition, or send through your details using the attached form.
David Newhouse, principal of Newhouse & Arnold Solicitors, has 25 years of experience acting for residents, investors and business owners, achieving the best possible results for his clients. David has acted for clients who have had their land compulsorily acquired for rail, road, electricity and water easements, metro stations, open space, parks and school expansion projects.
David was involved in the acquisition of Jervis Bay National Park, the largest compulsory acquisition case in New South Wales. He is a former barrister and has appeared in many Class 3 Land and Environment Court acquisition and valuation appeals. David is also a non-practicing certified valuer.
There are 4 Steps to a Compulsory Acquisition
- The government agency may initially informally negotiate with you regarding compensation for the acquisition of your property. During this stage you may reach an agreement with the acquiring authority for the purchase your property.
- The agency may then issue a Proposed Acquisition Notice or PAN, commencing formal negotiations with you for at least 3 months. Most matters are resolved by the end of the informal and formal processes.
- If no agreement is reached during the negotiation stages, then the acquiring authority will compulsorily acquire your land (through the NSW Government Gazette). The NSW Valuer-General will then value your land within 45 days. You may choose to accept or challenge the Valuer-General’s determination.
- If you do not agree with the Valuer-General’s determination of compensation, you can appeal by commencing legal proceedings in the NSW Land and Environment Court. In most cases, acquisitions are pursued through:
- An objection against the amount of compensation (Section 66 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW))
- A determination of compensation for acquisition of land for road on private application (Division 2 of Part 12 of the Roads Act 1993 (NSW))
- Compensations under section 41 of the Water Act 2014
Current Projects that Newhouse & Arnold Solicitors are involved in:
- Mulgoa Road Widening Project
- Jervis Bay to Sussex Inlet Upgrade
- Elizabth Drive Upgrade
- Quakers Road Upgrade
- Sydney Water easements
- EnergyCo REZ Transmission easements
- Open Space – various Councils
- Sydney Metro West – new stations
- Parramatta Light Rail Project Stage 2– Transport for NSW
- Coffs Harbour By-Pass
- Singleton ByPass
- Blackheath to Lithgow Upgrade
- Penrith Stadium Redevelopment
- New Public School Projects
Get in Touch
Contact us on (02) 9922 1100 or use the “Get in Touch” web form inquiry.
Use the “Get in Touch” web form inquiry and please indicate that you would like a video conference to discuss your matter.
We have the best view in Sydney, so come for a coffee and meet with us in person at 23A King George Street, McMahons Point.