Compulsory Acquisition Law
Maximising compensation for landowners affected by government acquisition for infrastructure projects across NSW. We act exclusively for landowners, never for the government.
Compulsory acquisition is the legal process by which a government authority acquires private land for a public purpose, without the owner's consent. It is a necessary mechanism that allows governments to build and upgrade essential infrastructure, such as roads, railways, hospitals, schools, and utilities, that benefits the broader community. Without the power of compulsory acquisition, a single landowner could block an entire infrastructure project that serves the public interest. The law recognises this tension and, in exchange for the loss of private property rights, requires the government to pay 'just terms' compensation to the landowner.
When the government compulsorily acquires your land for a road, railway, or other infrastructure project, you are entitled to 'just terms' compensation under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW). However, the compensation offered by the acquiring authority is often significantly less than what you are legally entitled to receive.
Dilan Lawyers acts exclusively for landowners in compulsory acquisition matters. Our primary focus is on ensuring landowners receive the full compensation they are legally entitled to. It is worth noting that tenants with a registered lease may also have rights to compensation for the extinguishment of their leasehold interest. We have the expertise to challenge government valuations, identify all heads of compensation that the acquiring authority may not have included, and negotiate or litigate to achieve the best possible outcome for you.
What sets Dilan apart is a background that goes well beyond the law. As a licensed real estate agent and auctioneer with over a decade of experience in the NSW property market, Dilan has a deep, hands-on understanding of how land is priced, how comparable sales are selected and applied, and how the market actually operates at a street level. This real estate market knowledge is a significant advantage in compulsory acquisition matters, where the difference between the government's offer and what you are truly entitled to often comes down to how well the land is understood and valued. Dilan is uniquely placed to analyse government valuations in detail, identify where the acquiring authority has undervalued your land, and build a compelling, evidence-based case to achieve a higher compensation.
If your property is near a major infrastructure corridor or you have received a notice of acquisition, contact Dilan Lawyers for a free initial consultation before accepting any offer from the acquiring authority. We are here to help.
Our Services
Reviewing Government Offers
We review the acquiring authority's offer and advise you on whether it represents fair compensation under the Act.
Valuation Disputes
We engage expert valuers to challenge the government's valuation and establish the true market value of your land.
Solatium & Disturbance Claims
We identify and claim all heads of compensation including solatium (10% bonus for residential owners), disturbance costs, and business losses.
Land and Environment Court
If negotiation fails, we litigate in the Land and Environment Court to achieve the compensation you are entitled to.
Injunctions & Urgent Relief
We can seek urgent injunctions to delay or prevent acquisition where the process has not been followed correctly.
Rezoning & Planning Impacts
We advise on how proposed rezonings and planning decisions affect your compensation entitlements.
Frequently Asked Questions
What is compulsory acquisition?
Compulsory acquisition (also called resumption or expropriation) is the process by which a government authority takes private land for a public purpose. In NSW, the process is governed by the Land Acquisition (Just Terms Compensation) Act 1991.
Am I entitled to compensation?
Yes. Under the NSW Constitution and the Land Acquisition (Just Terms Compensation) Act 1991, you are entitled to 'just terms' compensation when your land is compulsorily acquired. This includes the market value of the land, solatium (for residential owners), disturbance costs, and other heads of compensation. Tenants with a registered lease may also have rights to compensation — contact us to discuss your specific situation.
The government has already made me an offer. Is it too late to negotiate?
No. You have the right to dispute the compensation offered and to have the matter determined by the Land and Environment Court. The time limits for doing so vary, so it is important to seek advice as soon as possible.
What is solatium?
Solatium is an additional payment of up to 10% of the market value of your land (maximum $75,000) that is payable to residential landowners as compensation for the non-financial disadvantages of being compulsorily acquired, such as the disruption to your home and life.
Get Free Advice
Book a free, no-obligation consultation to discuss your matter with Dilan.
Book Free Initial Consultation02 8959 6569