LawTalk Blog

Compulsory land acquisition in the Darlington upgrade South Australia

Darlington acquisitions of land

"Compulsorily acquired? You know what this means don't you, they're acquiring it compulsorily." Dale Kerrigan "The Castle".

The South Australian Government has announced that about 60 properties will be needed as part of the Darlington Upgrade project work for the non-stop North South Corridor for Adelaide.  Approximately three-quarters of the properties are residential.  Accordingly now the State Government says that residents whose properties are required will have to go.

These properties will be compulsorily acquired by the State Government under the Land Acquisition Act 1969.

It is expected that work on the Darlington Upgrade will commence in late 2015.

The State Government will compensate owners and tenants for, at the very least, the valuation of the property and also provide compensation for moving costs, a person's reasonable legal costs or their independent valuation costs.

At this stage some Darlington residents have only received notification of the compulsory acquisition process by a letterbox drop which urges residents to make contact with authorities about selling their property.

If you have received a letter or "Notice of Intention to Acquire" from the Department of Transport, Planning and Infrastructure indicating that your land or business is to be acquired then, at Andersons, we are able to assist you by providing advice, arranging a valuation and negotiating with the acquiring authority in order to obtain the best compensation possible.

It is our job to make sure that you get the compensation that you are entitled to.  An experienced solicitor can assist you in obtaining not only the true value of your property, but also any loss of potential or special value that your property may hold, the cost of any loss to your business, relocation costs and any other associated costs relating to the compulsory acquisition.

Whilst in the Australian film "The Castle", Darryl Kerrigan won his case against the airport corporation; in the majority of cases the land owner is powerless against government authorities when it comes to compulsory acquisition of land.

Compulsory acquisition is an unusual, intricate, and almost draconian area of the law, and the average person should not have to deal with it alone.

We appreciate that having the State Government acquire your property is not just about "the property" but for you it holds a "human component" of attachment to your home or property, and we try to lighten the burden by working with valuers to obtain the best possible compensation for you and negotiating with the Acquiring Authority to obtain the very best possible result.

We understand Section 25 of the Land Acquisition Act 1969 ("the Act").  That means we know what is required under the Act that needs to be taken into account when determining a fair value in respect of, not just the land and property, but also the possible and consequential losses for a business. 

For a person receiving a "Notice of Intention to Acquire" it is an emotional turmoil. Even if the money is great it is still a terribly emotionally aggravating area because it is something that is done to you; not something you wanted and not something that you would want to happen.

If there is an upside to the issue of compulsory acquisition it is that at least, that you will have the State Government cover the reasonable legal and valuation expenses.

As either a landowner or tenant, we strongly recommend experienced and expert legal advice is the best option for obtaining the compensation you deserve from the Acquiring Authority.

Please note, this Blog is posted in Adelaide, South Australia by Andersons Solicitors. It relates to Australian Federal legislation. Andersons Solicitors is a medium sized law firm servicing metropolitan Adelaide and regional South Australia across all areas of law for individuals and businesses.

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