Compulsory Acquisition
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Compulsory Acquisition Lawyers South Australia
In South Australia, “Compulsory Acquisition” has become a recognisable (and often feared) phrase.
The River Torrens to Darlington Project, Marion Road & Sir Donald Bradman Drive intersection upgrade, and various other state government projects, are all intended to provide substantial benefits to our state’s infrastructure.
Though we all appreciate these intended benefits, to achieve them the state government is often required to acquire privately-owned land from landowners, to allow for the construction of roads, schools, hospitals and other infrastructure on that land.
Pursuant to the relevant legislation, the government is required to sufficiently compensate private landowners (and other affected parties, including tenants) for its acquisition of this land. Despite this, these acquisitions by the state government can be a difficult, and incredibly stressful and costly, process for those affected.
At Stanley & Co, our practitioners have experience in assisting clients who are:
- Residential or commercial property owners whose land is compulsorily acquired (or receive notice that their land is about to be subject to compulsory acquisition); or
- Residential or commercial tenants of land that is being compulsorily acquired, and who find their tenancy directly affected by the acquisition.
Stanley & Co. Lawyers can advise and assist at all stages of the compulsory acquisition process, and help to ease the stress and burden of dealing with this difficult process.
If you receive notice that land that you hold an interest in is about to be compulsorily acquired by the government, or if you are currently going through the compulsory acquisition process and need advice and assistance, contact Stanley & Co Lawyers today on (08) 7001 6135 to arrange an initial Free First Interview.
Helpful Questions & Answers
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Factors to consider when privately-owned land is acquired by the government under the compulsory acquisition scheme
The strict processes and timeframes that must be followed by both parties at all stages (including the process of the acquisition itself, the negotiation of compensation with the government, and the necessary processes and timeframes that must be followed to dispute any aspect of the acquisition);
The negotiation of sufficient compensation, which may be determined based on:
- One or more land valuations (in the case of compensation to a landowner); or
- The value of a business which is forced to relocate, or alternatively the cost to relocate that business (in the case of a commercial tenant directly affected by an acquisition);
The potential negotiation of compensation for:
- Any reduction in business income over the period that the acquisition occurs (for example, due to a necessary closure period or management staff spending time focussing on the acquisition rather than the business); and
- Compensation for legal, and other professional, fees incurred as a direct result of the acquisition;
The need to acquire a replacement property for the property acquired; and
The slow pace with which government often moves (which can be frustrating for people who are accustomed to dealing with private enterprises and individuals).
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