Compulsory Acquisitions

Compulsory AcquisitionsCompulsory acquisitions by statutory authorities and governments are an unfortunate fact of life. Land and interests are acquired for new roads and public facilities, the supply of services and other infrastructure projects.

If your interest has been compulsorily acquired it is our job to make sure you get compensated in full. We will help recover not just the true value of your property and the loss of its potential and any special value the land may hold for you along with the cost of any damage to your business, your relocation and other associated expenses, but also what the legislation calls 'solatium' – which is for any intangible and non pecuniary disadvantages you may suffer because of the compulsory acquisition.

We understand the human side of compulsory acquisition, and we work hand in hand with valuers to provide good reasons and arguments to support a valuation for compensation. We understand Section 41 of the Land Acquisition and Compensation Act (Vic). That means we know the factors under the Act that need to be taken into account when determining a fair value in respect of, not just the land and property, but also the possible and consequential losses for a business.

We can assist clients to obtain advances of compensation from acquiring authorities at an early stage of a claim with a view to helping cover the costs of conduct of claims.

Aitken Partners' lawyers have considerable expertise in town planning, property and litigation which supports our work for claimants facing compulsory acquisitions. We have represented clients at VCAT and the Supreme Court, and we have also obtained large compensation payouts to clients through out of court settlements with acquiring authorities.

Aitken Partners has acted for owners of land acquired for and businesses affected by most major projects in Victoria over the past few years as well as for many owners affected by minor road widening schemes and public acquisition overlays. A snapshot of some recent compulsory acquisition projects on which our team is advising on or has advised clients include:

  • Dingley Bypass
  • Drysdale Bypass
  • East/West Link
  • Horsham Bypass
  • Kananook Train Storage Facility
  • Level Crossing Rail Removal Projects
  • Melbourne Metro Rail Project
  • Outer-Western Suburban Arterial Roads Project
  • Princes Highway Duplication 
  • Regional Rail Link
  • Tullamarine Widening
  • West Gate Tunnel Project
  • Western Arterial Roads Project
  • Western Highway Duplication
  • Yan Yean Road Duplication
  • Yarra Valley Water Projects