When landholders ask whether they should sell their property before it is compulsorily acquired, the answer is usually no!
Nevertheless, some people need to sell. If you must do so, then it is imperative that you speak with a compulsory acquisition lawyer at least 2 months prior to sale.
A number of local residents of Plenty have arranged a meeting at the Plenty Hall at 8pm on Wednesday 14 September 2011. The purpose of the meeting is to discuss the duplication of Yan Yean Road and in particular, the modified Option 1. Please note that submissions on the proposal are due by 30 September 2011.
The Diamond Valley Leader has confirmed our reports earlier this week of the process taking place on the Yan Yean Road Duplication. As a leading lawyer in Compulsory Acquisition, Andrew Blogg has been quoted in the article explaining the process.
After various meetings with land owners, residents and the Nillumbik Shire Council, it appears VicRoads has settled on a modified version of what was known as Option 1, incorporating some suggestions from the Council. We await the detailed plans.
Our understanding is that we expect a Public Acquisition Overlay to be in place by the end of the year, with the acquisition process to take place at a later date. However, as we discussed at our information evening in July, the decision is open to change and is still our best guess.
Last night, Andrew Blogg and I, together with Peter Hay (an independent expert property valuer), hosted a meeting at the Plenty Hall in Plenty. We answered community wide queries about the coming Public Acquisition Overlay (PAO) and the impact on residents in the area, particularly once the overlay is put in place. We also canvassed the process for the compulsory acquisition of those properties.
Once the acquisition process commences, an Acquiring Authority usually gives you advance notice of its intention to do so. In our experience, the earlier we are engaged in the process, the better placed you are to make the right choices and ensure you receive full compensation.
The cost of obtaining advice is usually covered by the Acquiring Authority, which means you are generally not out of pocket for your legal, valuation and other expert advice. We are happy to discuss this with you prior to engaging us to represent you.
Both tenants and land owners have rights under the legislation relating to compulsory acquisitions and planning overlays. It is imperative that you engage lawyers and consultants experienced in the compulsory acquisition and planning overlay process to assist you in obtaining appropriate compensation. These processes are covered by unique legislative regimes which do not follow standard property and conveyancing law practices.
- Many of us would remember the great Australian film The Castle where the hero Darryl Kerrigan successfully took on a big airport corporation trying to compulsorily acquire his land for an extension. At the end of the day, Darryl won the case and the acquisition did not go ahead.
- It has been widely reported in the media that the Regional Rail Link acquisition process is now proceeding.As part of the compulsory acquisition process a large number of properties were acquired and the acquisition was published in the Government Gazette on 13 April 2011.As of 13 April, the authority owns the property and is required to make an offer of compensation within 14 days.If your property has been gazetted, you may have either already received a Notice of Acquisition or you will very soon.
- The State Government yesterday announced a cost blow-out on the proposed development of the Regional Rail Link.While there was a fair amount of political spin in the announcement, it is clear one of the areas hitting hard is that of land acquisition for the rail link.Transport Minister Terry Mulder said he expected an extra bill of between $700m and $1.1b to cover the compulsory acquisition of the land required for the project, which will now also take an extra two years to complete.Aitken Partners'
Subscribe to the RSS Feed ot the Aitken Partners Blog
- Aged Care
- Business Law
- Compulsory Acquisition
- Consumer Law
- Employment Law
- Family Law
- Financial Planning
- Firm News
- Insolvency Law
- Insolvency News
- Migration Law
- Overseas Trade
- Personal Properties Securities
- Private Client Services
- Pro Bono
- Pro Bono News
- Property Disputes
- Property Law
- Superannuation Law
- tax law
- Trade Marks
- Wills & Estates
- Workplace Law