Land Acquisition Resumption and Valuation Appeals (Class 3)
Land Acquisition, Land Resumption & Valuation Appeals
If your property is about to be compulsory acquired or resumed by the NSW Government for a rail link, public road or some other purpose, then you should speak to our experienced land acquisition lawyers.
The Government is legally obliged to pay you the Market Value for your land and you have the right to negotiate and present your case to the Government Agency. In most cases, the government will negotiate a set rate, which in some cases is well below the market value of your property. You are entitled to get legal advice and an independent valuation to negotiate the value of your property with the Government Agency and, in most cases, the Government Agency will pay for all this to happen.
David Newhouse, principal of Newhouse & Arnold Solicitors, has acted over the years for both Government and residents to achieve the very best possible result for his clients. David’s clients have included the Roads and Maritime Services (formerly the RTA) for road acquisitions throughout New South Wales, the National Parks and Wildlife Services for acquisitions for expansion of national parks to various local councils acquiring small parcels of land for public infrastructure. David has acted for many land owners over the years who have had their land compulsory acquired for rail, road and school expansion projects. David was involved in the largest compulsory acquisition case in New South Wales, being the acquisition of Jervis Bay National Park. David was a former barrister appearing in nearly every Class 3 Land and Environment Court acquisition and valuation appeal.
In most cases, the Government agency will pay your legal fees.
If you have received recent correspondence by a Government Agency, then you should contact us on (02) 9922 1100 for a free initial consultation to discuss the various options you may have to ensure that you receive appropriate compensation for your property or business.
There are 3 Steps to a Compulsory Acquisition:
1. The Government agency may informally negotiate with you to pay you compensation for your property and you agree for the Government Agency to purchase your property;
2. If no agreement is reached, then the Government will usually compulsory acquire your land by;
2.1 Issuing you with a Proposed Acquisition Notice (which provides you with 90 days’ notice of the proposed acquisition)
2.2 Lodge a claim for compensation and negotiate
2.3 Formally reject or accept offer for compensation
3. Commence legal proceedings in the NSW Land and Environment Court.
In most cases, your legal and expert costs are paid for by the Government Authority. It is important to contact our experienced land acquisition lawyers on (02) 9922 1100 to ensure that your rights are protected.
There are very strict time limits and non-action can result in acceptance of compensation offers or can prevent you from appealing the Government Authorities’ offer.
In most cases, acquisitions are pursued through:
• an objection against the amount of compensation (Section 66 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW))
• a determination of compensation for acquisition of land for road on private application (Division 2 of Part 12 of the Roads Act 1993 (NSW))
• a Rating and Valuation appeal against Valuer-General’s determination (Division 1 of Part 4 of the Valuation of Land Act 1916 (NSW))
Current Projects that Newhouse & Arnold Solicitors are involved in:
Parramatta Light Rail Project – Transport for NSW
Berry By-Pass – Roads and Maritime Services
Bringelly Road Upgrade – Roads and Maritime Services
The Northern Road Upgrade – Roads and Maritime Services
Westconnex – M4-M5 Link Project – Roads and Maritime Services
B-Line Project – Transport for NSW
Western Harbour Tunnel & Beaches Link