Elizabeth Drive Upgrade

Yes - in certain circumstances. In NSW, government authorities and local councils can compulsorily acquire private land (or interests in it, such as easements) for an authorised public purpose. Any such acquisition must follow the Land Acquisition (Just Terms Compensation) Act 1991 (NSW). If this happens, you are entitled to compensation and Rely Legal can help you understand the process and secure the compensation you are entitled to.

Under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW), there are several heads of compensation to consider and depending on your circumstances, compensation can include:

• Market value of the land acquired;
• Special value of the land to you on the date of acquisition (if applicable);
• Loss attributable to severance (if part of your land is acquired);
• Loss attributable to disturbance: reasonable costs and losses incurred as a result of the acquisition;
• Disadvantage resulting from relocation in certain cases, where you are required to relocate from your principal place of residence; and
• Any increase or decrease in the value of any other land which adjoins or is severed from the acquired land.

Rely Legal can advise you on your potential compensation entitlements and assist you to identify and substantiate the full range of compensation available in your situation.

In a partial acquisition, compensation is not limited to the value of the strip or portion taken. Under the Just Terms Act you may be entitled to compensation covering:

• Market value: the market value of the land acquired;
• Special value: the financial value of any advantage the land has to you (beyond market value) that is incidental to your use of the land;
• Severance: the loss in market value of the land you keep, caused by it being separated from the acquired portion. Common examples include an awkwardly shaped residue and loss of access;
• Increase or decrease in value: any increase or decrease in the value of the land which adjoins or is severed from the acquired land; and
• Disturbance: reasonable costs incurred as a result of the compulsory acquisition, including legal fees and valuation fees.

Partial acquisitions can be complex, and small differences in how a claim is presented can significantly affect the compensation you ultimately receive.

Receiving advice from an experienced compulsory acquisition lawyer can make a real difference. Rely Legal can help you understand your rights and secure the full compensation you are entitled to.

The objectives of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act) are:

• To guarantee that, when land affected by a proposal for acquisition is acquired, the compensation paid is not less than the market value of the land (unaffected by the proposal) at the date of acquisition;
• To ensure compensation on just terms for the owners of land that is acquired by an authority of the State when the land is not available for public sale;
• To establish procedures for the compulsory acquisition of land that simplify and expedite the acquisition process;
• To require an authority to acquire land designated for a public purpose where hardship is demonstrated; and
• To encourage acquisition of land by agreement instead of the compulsory acquisition process.

If your land is affected by compulsory acquisition, Rely Legal can help you understand your rights under the Just Terms Act and make sure you receive the compensation you are entitled to.

The current works cover Elizabeth Drive between the M12 Motorway connection at Badgerys Creek and Devonshire Road at Kemps Creek. Property acquisitions are planned on both sides of Elizabeth Drive and on some side roads. Transport for NSW’s longer-term plan for Elizabeth Drive extends between the M7 Motorway at Cecil Hills and The Northern Road at Luddenham.

The Elizabeth Drive upgrade is a Transport for NSW project to widen Elizabeth Drive to two lanes in each direction between the M12 Motorway at Badgerys Creek and Devonshire Road at Kemps Creek, with a wide central median allowing for six lanes in the future. The project is jointly funded by the Australian and NSW Governments and supports access to Western Sydney International Airport.