Acquisition And Compensation

Acquisition And Compensation

Herron Todd White provides independent Acquisition And Compensation backed by local expertise and national consistency.

Frequently Asked Questions

What is compulsory acquisition compensation?

When a government authority acquires your land for a public purpose, you're generally entitled to compensation. This usually includes the market value of the land taken, and may include other losses, such as a reduction in value of your remaining land and costs caused by the acquisition.

Do I have to accept the authority's first offer?

No. You're generally entitled to seek independent valuation advice before negotiating. In many jurisdictions, the acquiring authority may reimburse the reasonable costs of your valuer, so check this with your lawyer early.

What is injurious affection?

Injurious affection is a loss in value to your remaining land caused by the public works the land was taken for. For example, a new road may bring more noise or reduce access to your property. How it's assessed varies between states.

How is an easement valued?

An easement is valued on how it affects your property. We assess the area affected, restrictions on how you can use or develop the land, and any effect on its appeal to buyers. This applies to powerlines, pipelines, rights of way, and underground tunnels.

Can I claim for the distress of being forced to move?

In some cases, yes. Most states provide a statutory payment called solatium, which recognises the non-financial disadvantage of an acquisition, generally where the property is your home. Your lawyer can confirm whether it applies to you.

When should I get a valuation?

As soon as you're notified of a proposed acquisition. Acquisition processes often have deadlines for making claims or objecting to offers. Getting independent advice early gives you time to understand your entitlements before you negotiate.