COMPULSORY ACQUISITION EXPLORING THE MYTH “THE GOVERNMENT AIN’T GOING TO ACQUIRE ME!"

By Compulsory Acquisitions Team

Sydney Metro have been busy rapidly expanding its train network with the aim of connecting the major suburbs within Sydney. It would perhaps be erroneous to say that everybody was happy with the Metro’s aggressive stance of compulsory acquisition. For those readers who are not familiar with the terminology, Compulsory acquisition is a statutory process under the Land Acquisition (Just Terms Compensation) ACT 1991, that sets out the process that the Government must follow when it is necessary to acquire property using a compulsory process. Put simply the above statute allows any level of government to compulsorily acquire any lot of land if they identify that this area of land is required for any potential project.

Why is this relevant to me?

Throughout the last decade thousands of businesses, families, individuals, and landowners have been compulsorily acquired by different levels of government. Local Councils have acquired land for the purposes of building facilities such as parks and carparks, State governments have acquired land with the purposes of building roads, highways, hospitals, train stations and other such transport facilities. Those who are affected are described as having the following Legal interests in the land:• Freehold interest: Landowners. • Leasehold interest: Any person who is residing on a property for the purposes of habitation and or operating a business etc.This means anybody who owns any property, any business or anybody renting, in all anyone can be affected by a government project. Many of our clients are landowners, business owners and individuals who have been asked by the government to relocate. Whilst the government tries to ensure a fair compensation for those affected, the process is quite stressful, and the relocated situation is not quite the same.

Do you have a say?

Admittedly the government does spend time by hosting forums and conferences that allows the community to provide input. But as with any democratic state the voice of the majority would be the voice that is heard and certain unwilling interest holders may be forced to move out of their homes, businesses and or other items of land.

Testimonials


  • Leasehold interest 1

    I was a business owner operating a smash repair business. Due to the Metrowest project I received a notice that I would have to move from my location and find a new location. I have been operating a business on that site for around 10 years and everybody knows me from that location. Being kicked out by Metro made business very difficult for me as this meant that I would have to find a new location, and often new locations mean a loss of customers. BNC Lawyers helped me get a fair compensation that considered my marketing expenses and allowed me to find another suitable business location to lease. - P. Y. Business owner

  • Leasehold interest 2

    I was very upset when the acquiring authority told me that I had to move. I have been operating a wholesaling business that specialises in selling and installing lights and other electricals for offices, houses, and apartments. When I received the notice I didn’t know what to do and was in a small state of panic. My business had been there for a very long time. All my clients know me from this location. Due to the long history with my landlord I also had a very affordable rent. When BNC visited me they helped me understand the procedure very well, they were very helpful and very kind. I am very pleased with the result and would recommend them highly. S.R - Business Owner

  • Leasehold interest 3

    My wife and I after getting married found a very lovely apartment to move into. It was in my bucket list to eventually purchase that apartment and spend the early days of my married life with my wife and prospective children. My daughter was born and raised in the apartment, we spent a lot of time and effort making the apartment baby proof and painting the walls pink. It was when my daughter turned 3 years old that we were sent a notice to be acquired. My plan at the time was to meet a broker and apply for a loan to purchase the apartment, but those dreams had been trampled. It was a week after receiving the notice that I spoke to Albert from BNC. Albert referred his acquisition team to me and provided exceptional advice and service. We became aware of a concept called Solatium that would allow us to be compensated failry. While my dreams of owing the apartment were gone, I know live in a lovely three storey town house that my kids adore. Thank you BNC. J.C – Tenant of acquired property

  • Freehold interest

    I am the owner of a industrial property that has multiple tenants on the land. I originally purchased the property in 2012 as I had knowledge that the site was a potential location for development for the Camilia precinct project. Sydney Metro suddenly announced that they would be acquiring my land. The offers made by Metro were very low and not indicative of the development potential of my site. I have a DA that allows me to build a large two storey state of the art facility and also was at one time a possible location for a technological innovative hub. BNC helped me explain these by assisting me with engaging a town planner and a land valuer. I am very happy with their services. C.F – Land owner of acquired property
*FOR PRIVACY REASONS OUR CLIENTS NAMES WILL BE SHOWN AS INITIALS