Compulsory acquisition: your rights when the government takes your land

Finding out that the government wants to take your property can feel overwhelming. At Maliganis Edwards Johnson, we understand this isn’t just about property – it’s about your home, or business.

What is compulsory acquisition?

Compulsory acquisition is when an “acquiring authority” (the government or a government authority) takes private land for public purposes like roads, railways, or infrastructure projects. While they don’t need your permission, they must compensate you fairly.

Your rights as a property owner

You’re entitled to:

● Proper notice of the acquisition

● Fair compensation for your property and losses

● Legal representation

● An independent valuer

● The right to negotiate

What compensation can you claim?

Compensation goes beyond land value and may include the market value of your land, any special value the property has to you (like development potential), and reduction in value of other property you own due to the acquisition

You can also claim disturbance costs covering the expense and inconvenience of relocating, business losses if you’re running a business on the property, and legal and professional costs.

In most cases, the acquiring authority pays your legal costs directly.

Why legal help matters

Acquiring authorities have teams of experts working to minimise what they pay. The compensation legislation is complex, and specialist knowledge is essential to ensure you receive everything you’re entitled to.

Don’t accept the first offer without independent advice – many property owners receive significantly more compensation after proper negotiation.

Where MEJ can help

MEJ acts for property owners facing compulsory acquisition in the ACT, New South Wales, Queensland, and Victoria. We provide clear, personal service focused on your best interests, including:

● Explaining your legal rights in plain language

● Engaging independent valuers and experts

● Negotiating with acquiring authorities

● Representing you in tribunals or courts if necessary

What to do if you receive a notice

Act quickly by contacting MEJ for a no-obligation consultation. Don’t sign anything without legal advice, and start documenting all correspondence and gathering property documents and records. Time limits apply, so early action is crucial.

Facing compulsory acquisition in the ACT, NSW, Queensland, or Victoria? Contact Maliganis Edwards Johnson for a no-obligation consultation about your rights and entitlements.