Compulsory 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. The firm currently acts for a number of owners affected by the Regional Rail Link and acted for almost all of the properties affected by the desalination plant at Wonthaggi.
Other projects in which this firm has been or is still involved include:
Advising owners, tenants and businesses affected by land acquired for most major infrastructure projects in Victoria over the past few years as well as for many owners affected by minor road widening schemes and public acquisition overlays. Infrastructure projects in which he has been or is still involved include:
- Barwon Region Water Corporation
- Bass Coast Shire Council
- Brimbank Shire Council
- Casey City Council
- Central Gippsland Region Water Corporation
- Coliban Region Water Corporation
- Craigieburn By-Pass
- Department of Sustainability and Environment
- Department of Transport
- Desalination pipeline
- Desalination plant at Wonthaggi
- Electrical Transmission Lines
- Frankston City Council
- Geelong By–Pass
- Grasslands Overlays
- Goulburn Valley Region Water Corporation
- Greater Shepparton City Council
- Lower Murray Urban and Rural Water Corporation
- Melton Shire Council
- North-south pipeline
- Outer Metropolitan Ring Road
- Places Victoria including Dandenong revitalisation
- Public Acquisition Overlays including loss on sale claims
- Regional Rail Link
- Road widenings
- South Wharf
- Springvale Road Nunawading railway underpass
- The expansion of a bus depot at a Westfield shopping centre
- United Energy Distribution
- Victorian Urban Development Authority
- Water pipelines and Easements including Coliban and Barwon Water
- Wellington Shire Council
- Werribee District Grasslands Overlay
- Western Highway project
- Westgate Freeway up-grade
- Western Region Water Corporation
- Yan Yean Road duplication
- Yarra Valley Water
Our lawyers are regularly quoted in the media in relation to these issues, and you can find links to many of these articles and radio reports on our website.