Compulsory Acquisition

Compulsory acquisition is the process by which an authorised government department forcibly acquires privately owned land for a public purpose. In Victoria, there is no ability to fight a compulsory acquisition claim, but disputes over compensation are very common and can be determined by either the Supreme Court of Victoria or VCAT.

The position is slightly different where the Commonwealth is involved (think “The Castle“), as Federal legislation imposes a “just terms” requirement that is not present under Victorian legislation. However, by and large, compulsory acquisition cannot be resisted and the most claimants can do is ensure that they are properly compensated.

The process in Victoria involves the relevant Authority first imposing a Public Acquisition Overlay on the land. This can be extremely frustrating for landowners, as it is often years (sometimes decades) before the acquisition actually proceeds.

Francke Lawyers are experienced in acting for claimants in compulsory acquisitions by Victorian Government Authorities (Land Acquisition and Compensation Act), and by Federal Government Authorities (Lands Acquisition Act). Contact us to find out how we can help.

Further Reading (External links)

• Tax consequences of compulsory acquisition of your home (www.ato.gov.au)
• The Commonwealth and You:Compulsory Acquisition of Land (www.finance.gov.au)
• Acquisition and Compensation (Vic) (www.planning.vic.gov.au)

Tools (External LINKS)

You can use the link above to check whether your property is subject to a Public Acquisition Overlay. Insert your address, then look in the left hand column under “Planning Scheme Overlays” for any overlays that say “public acquisition”.

The above link will take you to the Victorian Government’s “Big Build” website with details of all current projects, including the Level Crossing Removal Project, Major Road Projects, Melbourne Airport Rail, Metro Tunnel Project, North East Link, Regional Rail, Suburban Rail Loop and West Gate Tunnel.