UNDERSTANDING THE PROCESS
In Melbourne and greater Victoria, statutory authorities such as VicRoads, water authorities, municipal councils and government departments have powers to acquire interests in your land without your consent.
An acquisition may involve acquiring the title to all or part of your land. On other occasions easements or other interests might be acquired so that the authority can put in an underground pipeline or an overhead electricity line or similar.
While you may not be able to prevent compulsory acquisition, both tenants and land owners have important rights under relevant legislation governing land acquisition and compensation practices.
It is important to get expert advice from lawyers experienced in land acquisition and compensation to ensure you receive fair and appropriate compensation.
In general terms, compensation is assessed on the basis of market value of the land that is acquired, plus any additional amounts and allowances which may apply to an individual’s particular circumstances.
Market value is assessed on the unaffected value of the land. Where previous compensation has been paid under the Planning and Environment Act 1987 to a previous owner of the property compensation is adjusted in accordance with the terms of the Act.
If after publication of a Notice of Acquisition an agreement cannot be reached, the matter may be referred to the Victorian Civil and Administrative Tribunal or the Supreme Court for a resolution.
As soon as you receive a Notice of Acquisition, contact Best Hooper for independent advice on the documentation and information about the procedure the acquiring authority must follow as set out in the Land Acquisition and Compensation Act 1986.