Compulsory Land Acquisitions
What is a Compulsory Acquisition,
and how can we help?
A compulsory land acquisition occurs when a government body or acquiring authority requires private property for a public purpose, such as infrastructure projects involving new rail lines, utility upgrades including transmission line (electricity) easements and easements required by Sydney Water and road upgrades. While the process can seem complex and overwhelming, our compulsory acquisition advice will help you to understand your rights, guide you through each stage with confidence, and ensure you are properly represented.
As experienced compulsory acquisition lawyers, we represent clients throughout New South Wales, from the urban hubs of Sydney, Parramatta, and Penrith to regional centres such as Narrabri, Armidale, Dubbo, Newcastle, Muswellbrook, Gosford, Nowra, Ulladulla, and beyond.
Under the Just Terms Act, the acquiring authority is required to cover the reasonable legal and valuation costs associated with the acquisition. This means that, in most cases, you will not be responsible for the legal fees charged by Rely Legal for our compulsory acquisition advice and representation.
To help you get started, we offer a complimentary initial consultation to review your situation and outline the best path forward for your specific matter.
If your land is reserved for acquisition in the future but has not yet been acquired, you may be able to ask the acquiring authority to acquire it early. Read more about hardship applications for land reserved for acquisition.
Navigating Complexities
We support you through every step of the acquisition process, explaining your rights and helping you make informed decisions with confidence.
Fee Coverage
Reasonable legal and valuation costs incurred by landowners in relation to the compulsory acquisition are paid by the acquiring authority. This means you will not be responsible for any out-of-pocket legal costs charged by Rely Legal.
Free Consultation
Start with a no-obligation consultation where we review your situation, answer your questions, and outline how we can best support you.
Understanding the Compulsory Acquisition Process
Stage 1
The Just Terms Act encourages acquisitions by agreement, which means the acquiring authority will provide a minimum six-month negotiation period for both parties to agree on the terms of the acquisition.
The negotiation period provides affected landowners with time to understand the acquisition process, seek legal and valuation services, ask questions and raise concerns.
Stage 2
If an agreement is not reached within six months, the acquiring authority may start the process to compulsorily acquire your property. This process starts when the acquiring authority issues affected landowners with a Proposed Acquisition Notice (PAN).
A PAN is a legal notice advising that the acquiring authority will compulsorily acquire the property under the Just Terms Act after a certain period, usually 90 days.
A section 39 claim for compensation form needs to be submitted to the acquiring authority within 60 days of receiving the PAN.
Stage 3
If an agreement isn’t reached within the 90-day notice period, the acquiring authority will compulsorily acquire the property by publishing an Acquisition Notice in the NSW Government Gazette. The acquiring authority takes ownership of the property from the date the property is published in the NSW Government Gazette.
The Valuer General will then determine how much money the acquiring authority should pay you for the acquisition according to the Just Terms Act.
After the Valuer General determines the compensation, the acquiring authority will send you a Compensation Notice, including an offer of the amount they have determined. You can either accept the offer or lodge an appeal in the Land and Environment Court within 90 days of receiving the compensation notice if you object to the amount offered.
The Court will generally decide that a ‘without prejudice’ conference is held for the landowners and acquiring authority to try and agree on the compensation amount. If an agreement is not reached, the dispute will proceed to a hearing.
For guides on notices, tenant rights, stamp duty and more, see our compulsory acquisition insights.
Why Choose Rely Legal as Your Legal Representative
We have extensive experience in compulsory acquisitions and have successfully represented many landowners whose properties have been impacted by compulsory acquisition.
We will ensure that you receive all heads of compensation claimable under the Just Terms Act to secure the full amount of compensation you are entitled to.
Rely Legal understands the challenges landowners experience during the compulsory acquisition process and will guide you through each step with confidence, while protecting your rights.
Amanda Duhigg, Principal Solicitor of Rely Legal, has assisted landowners, tenants and business owners affected by compulsory acquisitions for projects including:
- NSW Department of Climate Change, Energy, the Environment and Water – Reconnecting River Country Program (Murrumbidgee Project)
- Transport for NSW – Parramatta Light Rail Stage 2
- Transport for NSW – Jervis Bay to Hawken Road Upgrade
- Transport for NSW – New Richmond Bridge Stage 2 Project
- Transport for NSW – Mulgoa Road Upgrade
- Transport for NSW – Grose River Bridge Project
- Transport for NSW – Horsley Drive & Polding Street North Project
- EnergyCo – New England Renewable Energy Zone
- EnergyCo – Hunter Transmission Project
- EnergyCo – Central-West Orana Renewable Energy Zone Transmission Project
- Transgrid – Victoria to New South Wales Interconnector (VNI West Project)
- Transgrid – HumeLink Project
- Sydney Water – Upper South Creek Advanced Recycling Centre
- Sydney Water – Transfer Wastewater Pump Station Project
- Hawkesbury City Council – Vineyard Precinct Development
- Liverpool City Council – Austral and Edmondson Park Compulsory Acquisitions
- Blacktown City Council – Hambledon Road Extension Project
- Ku-Ring-Gai Council – St Johns Avenue Precinct
- NSW Government – Resilient Homes Program
If your property is affected by a Compulsory Land Acquisition, please contact Amanda for a no obligation consultation to assist you in understanding the next steps in the compulsory acquisition process.
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Outline your situation in our form, and we will get in touch to advise how we can help, otherwise you can book a free consultation now.