Compulsory Acquisition – do you know your rights and entitlements?
Posted on December 16, 2022
Earlier this week, the South Australian Government revealed that an additional 125 properties will be partially or fully acquired to accommodate the North-South Corridor upgrade. This taking the total to 524.
The Government has the power under the Land Acquisition Act 1969 (SA) (‘Act’) to compulsorily acquire land, but only on just terms. Under the Act, a person who has an interest in land which is the subject of the acquisition (Owner) must be provided with a written notice from the relevant government authority of their intention to acquire such land (Notice). This applies to both residential properties and businesses.
Generally, a representative from an authority will approach Owners to discuss the acquisition before a Notice is provided. However, on formally receiving a Notice, your rights and obligations as an Owner change, with there being strict time frames under the Act to provide the relevant authority with further information or object the Notice itself.
Importantly, you are entitled to compensation as an Owner, however, your level of entitlement can vary depending on your personal circumstances. This can include a number of factors such as proximity of family members, and other commercial considerations. Furthermore, once you receive a Notice, you are also entitled to recover money incurred as a consequence of the acquisition, including obtaining legal advice.
It is important you obtain legal advice as soon as you are issued with a Notice. Such advice (while being recoverable) may result in a better negotiated deal on your behalf and will assist in giving you peace of mind that an experienced professional will be looking after your interests.
If you, or anyone else you know, anticipates receiving or formally receives a Notice, please feel free to contact us on 8223 7600.
