Compulsory acquisition is where a government body uses statutory powers under the Land Acquisition and Compensation Act 1986 (Vic) to acquire land (or an interest in land, such as an easement). It’s most commonly seen on major infrastructure projects—road widening, rail works, utilities and pipeline corridors.
For example, if the Victorian Government upgrades a major road to improve traffic flow, it may acquire part (or all) of your property to widen the corridor and construct the works.
The law requires owners, tenants and business operators to be fairly compensated. But in practice, compulsory acquisition compensation is rarely straightforward. The rules are detailed, the process is deadline-driven, and the outcome can turn on valuation assumptions, “highest and best use” arguments, and how disturbance and business impacts are presented.
Early advice can make a real difference. We help you understand what’s happening, what you’re entitled to, and how to position your matter for the best available outcome.
Contact Andrew Power to discuss your compulsory acquisition matter.
Andrew Power and the team have around 15 years’ experience acting for landowners, tenants and business operators—and we act against acquiring authorities.
We regularly advise on:
Andrew is deeply engaged in the compulsory acquisition space more broadly and has developed extensive industry relationships with valuers and other acquisition specialists. He has also contributed behind the scenes to research into how compulsory acquisition regimes operate across Australia, including providing practitioner insights to academic work.
We advise across the compulsory acquisition process from first contact through to settlement, including:
Get in touch to discuss your land acquisition issue.
If you’re concerned your property may be affected, we can help you understand the process and protect your position early.
We have acted for landowners and tenants on numerous Victorian projects (always against acquiring authorities), including:
What is an “acquiring authority”?
In Victoria, the legislation identifies who can compulsorily acquire land. This is typically a government department or statutory authority responsible for public infrastructure, transport or utilities.
How will I know if my property is going to be acquired?
The process commonly begins with a Notice of Intention to Acquire, which sets out key details of the proposed acquisition. There are important timeframes that flow from service of the notice, and your response (or lack of response) can affect strategy and outcomes.
When should I receive an offer of compensation?
After the acquisition is formally completed by publication of the Notice of Acquisition in the Government Gazette, the acquiring authority must make an offer of compensation within the required statutory timeframe.
Will compensation simply equal market value?
Not necessarily. Compensation can involve multiple components depending on the circumstances. These commonly include market value, special value, severance, disturbance / financial loss (including relocation costs), impacts on adjoining land, and reasonable professional costs (including valuation and legal costs). Some matters may also involve solatium considerations in certain cases.
When does the acquiring authority become the owner?
Ownership generally transfers when the Notice of Acquisition is published in the Government Gazette, and the notice must then be served on affected parties within the statutory period.
We acknowledge the Aboriginal and Torres Strait Islander peoples as the First Australians and the Traditional Custodians of the lands and waterways on which we work and live. We pay our respects to Elders past and present.
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