By Kari Guthix
Compulsory acquisition lawyers are often required in cases of resumption, or compulsory acquisition. This is because you’re owed compensation in this instance, but the amount you receive may be determined by how you conduct yourself. Read on for more information about compulsory acquisition and how compulsory acquisition lawyers can help you.
What is Compulsory Acquisition?
Compulsory acquisition is a phrase that describes when a government obtains land from homeowners, leaseholders or businesses in order to use it for the public benefit. For example, they may need the land for creating parks, roads or railway lines. The person formerly owning the land is due compensation for this inconvenience. It’s prudent to hire compulsory acquisition lawyers to help you stand up for your rights if you find yourself in this situation.
What Legal Bills Will I Owe From Hiring Compulsory Acquisition Lawyers?
You won’t incur any fees from hiring compulsory acquisition lawyers, as the acquiring authority will pay any fees, as long as you’re the owner of the property. All time spent by compulsory acquisition lawyers on your case will be free and will not cost you a thing, even if you don’t win.
Can I Sell?
Your compulsory acquisition lawyers are handy for answering questions like this one. Technically, if you’re in the acquisition or pre-acquisition stages with your property, you’ll need to ask for permission to do things such as make renovations, enter into a new lease or sell up.
Will I Need to Go to Court?
While it’s not usual for these matters to go to court, it’s helpful to make contact with compulsory acquisition lawyers just on the off-chance yours does. Be prepared, but hope for the best, as mostly these situations are resolved without court appearances.
Can You Stop Compulsory Acquisition on your Land?
You cannot prevent or stop compulsory acquisition of your land once it has been initiated. But you can check to make sure there is no Public Acquisition Overlay (PAO) on your contract of sale when you go to buy a property. A PAO is the first step before a process of compulsory acquisition begins. You can also learn about new government developments when looking for a house to buy via local councils and local residents who might have heard something.
What is the Process of Compulsory Acquisition in Victoria?
- A formal notice is put in the Government Gazette, which claims the land.
- Within 14 days of that publication, an offer is made for compensation.
- The process of compulsory acquisition cannot start until 2 months later.
- Compulsory acquisition lawyers must be called in immediately upon notification.
- The authority takes over the land 3 months after the acquisition date. For those 3 months, the residents can stay in the property rent-free.
What if You Don’t Like the Compensation You’re Offered?
If you don’t like the compensation you’re offered, then you really need the help of compulsory acquisition lawyers to help you make a case for more money being offered to you. Your lawyers will advise you that you can make a counter offer, called a notice of claim, within 3 months of the authority’s offer. Then there will be an agreement made, or the matter will go before the Victorian Civil and Administration Tribunal or the Supreme Court depending on the dollar amounts involved.
