Are You Faced with Compulsory Purchase of Your Business or Home?

In New South Wales, several infrastructure projects are either planned or underway. Many of these will require the acquisition of properties. For example, in October 2019 the NSW State Government announced the construction of the Sydney Metro West project to commence in 2020. This new link will connect the Sydney CBD to Greater Paramatta, incorporating seven new metro stations along the way. The implications of this are that the State government will acquire some 93 businesses and 23 residential properties.

Many cases will not come to the compulsory acquisition stage because they will be dealt with at the pre-acquisition stage, where owners accept the offer made. However, if agreement cannot be reached on the compensation payable, the property can be acquired compulsorily under the Land Acquisition (Just Terms Compensation Act) 1991. In this event, the State will appoint the Valuer General to value the property. If the owner still disagrees with the valuation, an objection can be lodged with the NSW Land and Environment Court. The objection must be lodged within 90 days of the Valuer General issuing the compensation notice. The Court will then consider the objection and determine the amount to be paid.

If your business or residential property is affected by a project such as Sydney Metro West, it is important to seek expert legal advice.

Contact Our Land and Environment Court Solicitors, Sydney NSW

At Szabo & Associates Solicitors, we have extensive experience relating to the compulsory acquisition of property and can advise you on how best to protect your interests. Please call us on (02) 9046 8466 or complete our online contact form.