Property Lawyers for Compulsory Acqusition of Land NSW

We’ll help you negotiate the terms of your agreement between the Acquiring Authority if your land or property is being acquired. Our expert Property Lawyers will ensure you are properly compensated and supported throughout this process.
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Is your land or property being acquired by NSW Government?

You might have received a notification from an Acquiring Authority (Such as Transport for NSW or RMS) that your land or property will be acquired for the following NSW projects:

  • Western Sydney Aerotropolis
  • Sydney Metro
  • Westconnex
  • Parramatta Light Rail
  • Western Harbour Tunnel

Under the Land Acquisition (Just Terms Compensation) Act 1991, those who are affected by land acquisitions have the right to claim compensation. We’re here to ensure that you are properly represented and that your best interests are considered.

What you can expect working with Arver Law

At Arver Law, we are able to help with the following:

  • Providing you with comprehensive legal counsel to ensure your statutory rights are upheld
  • Liasing with property and land valuers to help you determine an accurate value of your land/property
  • Maximising your compensation by negotiating with Acquiring Authorities on your behalf
  • Representing you at tribunals and hearings should your case be escalated. 

What is the Land Acqusition process?

Received Initial Notification from Acquiring Authority

Upon receiving the initial notification, you're alerted to the acquiring authority's interest in your property, marking the commencement of the acquisition process.

Initial Negotiation to come to an agreement

This stage involves preliminary discussions with the acquiring authority to negotiate terms and potentially agree on compensation, setting the groundwork for a fair settlement.

Proposed Acquisition Notice Issued

If you do not accept agreements in the initial negotiation stage, a Proposed Acqusition Notice (PAN) is issued which formally indicates the authority's intention to acquire your property.

Notice of Acqusition issued

With the Notice of Acquisition, the authority officially informs you of the property's acquisition, signaling the transfer of ownership rights under the law.

Determination of Compensation

Compensation is calculated by the Valuer General based on various factors, including the property's value and personal loss, aiming to justly recompense you for the acquisition.

Agreement/Disagreement with Determination

You'll have the opportunity to either agree with the compensation determined, finalizing the process, or dispute it if you believe it does not reflect the property's true value.

File for Land and Environment Court Proceedings

If a resolution isn't reached, you can file for proceedings in the Land and Environment Court within 90 days of receiving the compensation notice.

What our clients say about us

“I am not someone who writes reviews or froths on social media about great service but Ben and Anne have literally driven me to it. Efficient, responsive, strategic advice in our best interest, always willing to jump in, totally in step with us at every step… I will be recommending them to everyone I know who’s looking to buy or sell!!”
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With a reputation for excellence and a commitment to client satisfaction, we are the go-to law firm in Sydney & Parramatta for matters related to property transactions, conveyancing, commercial, family and estate law.

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Meet the Arver Law team

Anne Vo


Anne is an experienced property and commercial lawyer. She is approachable and is always striving to find cost effective solutions whilst using a pragmatic approach. She provides her clients with valuable advice, conducting strategic due diligence with a strong focus on streamlining processes to improve productivity and lower costs to meet client needs and objectives.

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Answers to your questions

Is the process the same if my business is being acquired by the government?

When a business is confronted with compulsory acquisition, the financial and operational stakes are high. Expert legal advice is pivotal in ensuring you're adequately compensated for the upheaval. Here's how we can assist:

For Non-Relocatable Businesses:

  • Full compensation for the loss of the business, including the intangible value of goodwill.

For Relocatable Businesses:

  • Relocation Costs: Assistance in claiming a wide array of relocation expenses, such as:
  • Searching and securing new premises.
  • Legal fees for lease agreements and bank guarantees.
  • Fit-out and refurbishment costs for the new location.
  • Installation of specialized equipment.
  • Adjustments for increased rent.
  • Operational Setup: Covering the technical transition costs, including:
  • Removalist services.
  • Setting up and testing new communication systems to ensure business continuity.
  • Marketing and Administration: Managing the costs associated with rebranding and advertising the new location, including:
  • New signage and promotional materials.
  • Printing updated stationery.
  • Human Resources: Accounting for the human element of the move:
  • Organizing logistics.
  • Compensating staff for overtime during the transition.

Our team at Arver Law is dedicated to guiding you through the acquisition process, ensuring that the impact on your business is recognized and compensated fairly under the Land Acquisition (Just Terms Compensation) Act 1991. We're here to make sure that the transition is as seamless as possible and that your business emerges strong and stable.

What is considered when calculating the value of my property?

When calculating the value of your property for compulsory acquisition, several factors are considered, including the current market value of the property, any special value to the owner, the property's highest and best use, and any severance or injurious affection losses. Additionally, compensation may include factors such as disturbance costs, relocation expenses, and any other financial impact directly attributable to the acquisition.

What is the Land Acquisition (Just terms compensation) Act 1991?

The Land Acquisition (Just Terms Compensation) Act 1991 is a New South Wales statute that governs the process by which certain bodies can compulsorily acquire land. The Act ensures that landowners receive 'just terms' compensation, which is fair and reflects the value of the property as well as any other losses incurred as a result of the acquisition. It outlines the rights of landowners, the procedures for acquisition, and the mechanisms for determining compensation.

How much does it cost to engage a property lawyer for Compulsory Acqusition cases?

Under the equitable provisions of the Land Acquisition (Just Terms Compensation) Act, the government is mandated to bear the costs of legal counsel and valuation expertise you engage to represent your interests. This legislative measure levels the playing field, recognising that while the government is well-versed in the nuances of land acquisition, property owners may be encountering this process for the first time.

It's a safeguard that ensures you have access to expert legal guidance without the stress of additional financial strain. To understand the full extent of your entitlements and the process ahead, reaching out to seasoned property lawyers can provide you with the specialised advice and representation you need, with the assurance that the financial obligations for these services will be addressed by the acquiring authority.

Is compensation for compulsory acquisition of land taxable?

While the financial recompense from compulsory land acquisition typically does not count as taxable income, it can influence your capital gains tax (CGT) profile. This is particularly pertinent if the property in question isn't your primary dwelling or has been utilized to generate rental income. For those seeking to apply the main residence exemption to CGT, meticulous record-keeping becomes imperative. The Australian Taxation Office (ATO) may, in the course of a review or an audit, seek substantiation of your tax declarations.

To be prepared, you should retain:

  • Documentation substantiating the compulsory acquisition.
  • Verification that your property was your main residence.
  • Detailed computations of any capital gain or loss incurred.
  • Plans or relevant documents confirming the land compulsorily acquired during your period of ownership did not exceed 2 hectares.

These documents are vital in validating your exemption claims and in the precise calculation of any capital gain or loss. Due to the intricacies of tax regulations surrounding compulsory acquisition, consulting with a tax advisor is recommended to ensure compliance and optimization of your tax position.

Make sure you are properly compensated

Reach out to our expert property lawyers to ensure you are properly compensated for your land/property due to compulsory acquisition
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