Compulsory Acquisition

  • Regional Rail Link under formal review

    The State Government has announced a formal review into the future of the Regional Rail Link. The Department of Transport website said, in announcing the review: 

    'The State Government is currently looking at the timing, funding and implementation of the Regional Rail Link project. During this time, the Regional Rail Link team is continuing to develop designs for key aspects of the project and is seeking feedback from the community and stakeholders on these designs.'

  • ABC Law Report on Compulsory Acquisition

    The ABC's Law Report has interviewed one of our lawyers, Anton Dunhill, about the process of Compulsory Acquisition and the impending action in Footscray.

    To listen to the audio, please click here.


  • Regional Rail Link : Compulsory Property Acquisitions

    The Department of Transport is currently initiating a project known as the Regional Rail Link.  The project is a new rail line separating regional and metropolitan trains.  In particular, it gives Geelong, Bendigo, and Ballarat trains their own tracks from Sunshine to Southern Cross Station.  The Department has advised that it will oversee the building of up to 50 kilometres of new rail track.  

    During the construction process, some properties will need to be compulsorily acquired.

  • Compulsory Acquisition General Advice

    Aitken Partners have acted for many land owners whose properties have been acquired as a result of various infrastructure projects. We act exclusively for land owners and the members of our Compulsory Acquisition team are familiar with the Land Acquisition and Compensation Act (“the Act”) under which compulsory acquisitions proceed. 

  • Yan Yean Road : Property Acquisition

    VicRoads is currently undertaking a planning study for the possible duplication of Yan Yean Road between Diamond Creek Road and Kurrak Road, Plenty to cater for the substantial growth in the area.

    During the construction process, some properties will need to be compulsorily acquired.

    Please refer to our compulsory acquisition general advice.

  • Government going through the motions in Footscray

    A senior lawyer with Aitken Partners, Andrew Blogg, has criticised the State Government today for its handling of the proposed compulsory acquisitions in Footscray for the regional rail link.

    Comments from the State’s Premier, John Brumby, yesterday indicated the consultation period that has only recently been completed was simply going through the motions.

    “It appears now the government and its departments were simply going through the processes by consulting land owners,” Mr Blogg said.

  • Compulsory acquisition confusion ties up Footscray

    Aitken Partners' Managing Partner and lead partner in its compulsory acquisitions team, Andrew Blogg, attended a community meeting in Victoria Street Footscray last Sunday to discuss land owners concerns around acquisition for the proposed regional rail link.

  • Surprise calls in Buckley Street Footscray

    We have received a number of queries this week from residents and business owners in and around Buckley Street in Footscray on the back of the State Government's announcement earlier this week on its plans for the regional rail link. We visited the area yesterday, and it is fair to say the land owners were taken as much by surprise as we were.

    It seems about 25 residences and maybe the same numbers of businesses will be affected by acquisitions.

  • How Do They Acquire My Land?

    All governments have the power to acquire land from land owners for a variety of purposes, but there are steps they must take in all instances.

    Generally speaking, a Notice of Intention to Acquire (NOIA) is served first. It is a notice prescribed under the Land Acquisition & Compensation Act (section 6) and it foreshadows that the Acquiring Authority intends to acquire an interest in the land.

  • What do you do if your land is Compulsorily Acquired?


    So, an authority wants to take your land by way of compulsory acquisition? What can you get?

    In usual circumstances, you can’t prevent a compulsory acquisition. However, in almost all cases, when an authority acquiring your interest gives you formal notice of its intention to undertake an acquisition, with the immediate assistance of an experienced lawyer and an independent valuer, you can be guided through a fair process.