The Westconnex project is getting a lot of media attention at the moment. There is talk of people being evicted from their land, which is incorrect terminology but perhaps expresses how some people feel. The area of law surrounding these forced government purchases is referred to as compulsory acquisition.
All property held in New South Wales is held subject to Conditions in the Crown Grant, it is the first thing that you would see on a Title Search of your property before even the bank’s mortgage or an easement. The Queen, through her government, always has the right to compulsorily acquire your property but it must be ‘on just terms’. There is indeed an Australian movie about this, what is perhaps lost in that movie is that the government always had the right to take Darryl Kernigan’s land, the issue was whether it was on just terms.
For the Courts, just terms means a fair price. There are many things that are taken into account in determining that fair price, not just the market value of the property but various other add ons. This is an area of law that Bruce Coode specialises in, and if he cannot get your more than the government initially offered you for your property he will not charge you.
The media reports surrounding Westconnex talk about people not getting the right value for their home, those people quite frankly have failed to obtain proper legal advise. This is a convenient reminder that while you may not be aware that we do certain areas of law, or that something is an area of law, it never hurts to ask. At Coode & Corry the first appointment is free, and if we cannot help you we will endeavour to direct you to a professional who can.
If you want more information about compulsory acquisition then read some more of our articles on the topic.
Come and speak with Bruce Coode about your property. He is experienced in compulsory acquisition matters and will not charge you anything if he cannot get you a higher amount than the best offer you have received on your property so far. This is not a straight forward area of law, there are a number of categories and sub categories for your claim, and you need a solicitor who understands this area and has run these matters before.