Compulsory acquisition is one of three methods that the government can acquire land or an interest in it for the reason of public use. They are given this right by the Land Acquisition Act of 1989. However, land owners have specific rights that they need to be aware of, for their protection.
The government may acquire land if you have an interest in it. "Interest" means that you may own the land free and clear. You also may have a mortgage on the property. Perhaps you are leasing or have some kind of easement rights. The Australian government can take your property by compulsory acquisition, urgent or emergency acquisition, or negotiated agreement.
If the commonwealth decides to take your land through compulsory acquisition, it does not matter if you wish to keep it or not. It also does not matter if the property has clear title or if the owner cannot be found. You may receive notice that the government wants your land. Even if you want to sell it, it may be best to wait until they take it, as it can be beneficial to the land owner.
The government cannot seize your land without notifying you ahead of time. Once you receive notice you can have a third party check into the issue. You can hire an attorney for advice if you desire. Also, no land is ever taken unless just compensation is issued.
Before any property is taken, notice is sent that the minister wants your land for public use. Your official notice explains why the government wants your property and what they intend to do with it. With the notice is a complete explanation of your rights. You also have the right to an appeal of the minister's decision.
Perhaps you want to appeal the minister's decision. You will have 28 days to file your appeal. Your official notice has all the important information for filing. Once you file your appeal, the minister has to respond within 28 days. Appeals can be approved, denied, or the decision may be given modifications or changes. If they deny your appeal you can take the matter up with the Administrative Appeals Tribunal. The tribunal is an independent body that handles the appeal reviews.
The tribunal may not help you and then the legal process continues. You will get a statement notifying you that the government plans to take your property. They will publish this decision in the commonwealth Gazette and it can be in the newspaper, too. They will send you a form for compensation within 14 days.
If the commonwealth fails to take your land by compulsory acquisition, you can request that it be taken. After that they must acquire your land within three months or the ruling is null and void. You get to maintain ownership and you will be compensated if you have incurred any financial losses or expenses due to the legal process. If you need additional information, you should consult a qualified attorney.
The government may acquire land if you have an interest in it. "Interest" means that you may own the land free and clear. You also may have a mortgage on the property. Perhaps you are leasing or have some kind of easement rights. The Australian government can take your property by compulsory acquisition, urgent or emergency acquisition, or negotiated agreement.
If the commonwealth decides to take your land through compulsory acquisition, it does not matter if you wish to keep it or not. It also does not matter if the property has clear title or if the owner cannot be found. You may receive notice that the government wants your land. Even if you want to sell it, it may be best to wait until they take it, as it can be beneficial to the land owner.
The government cannot seize your land without notifying you ahead of time. Once you receive notice you can have a third party check into the issue. You can hire an attorney for advice if you desire. Also, no land is ever taken unless just compensation is issued.
Before any property is taken, notice is sent that the minister wants your land for public use. Your official notice explains why the government wants your property and what they intend to do with it. With the notice is a complete explanation of your rights. You also have the right to an appeal of the minister's decision.
Perhaps you want to appeal the minister's decision. You will have 28 days to file your appeal. Your official notice has all the important information for filing. Once you file your appeal, the minister has to respond within 28 days. Appeals can be approved, denied, or the decision may be given modifications or changes. If they deny your appeal you can take the matter up with the Administrative Appeals Tribunal. The tribunal is an independent body that handles the appeal reviews.
The tribunal may not help you and then the legal process continues. You will get a statement notifying you that the government plans to take your property. They will publish this decision in the commonwealth Gazette and it can be in the newspaper, too. They will send you a form for compensation within 14 days.
If the commonwealth fails to take your land by compulsory acquisition, you can request that it be taken. After that they must acquire your land within three months or the ruling is null and void. You get to maintain ownership and you will be compensated if you have incurred any financial losses or expenses due to the legal process. If you need additional information, you should consult a qualified attorney.
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