The law provides that in some circumstances a property owner who’s property is affected by a government proposal can ask the government to acquire the land now rather than having to wait until when ( and if ) the government proposal actually goes ahead. However the amount of compensation payable to the property owner may be less under an owner initiated acquisition than would be the case if the property was acquired in the normal course of events ( i.e. later ).
What does it mean?
Up until 2006 you had an absolute right to force the government to acquire your property early, without losing any heads of damage.
The total of compensation that a landowner is entitled to receive has potentially 5 components ( see section 55 of the Land Acquisition ( Just Terms) Act ) however if the acquisition is an owner initiated acquisition then 3 of the 5 components are excluded, namely “Special Value”, "Loss attributable to Severance” and “Solatium”. Deciding whether or not to proceed with an owner initiated acquisition is therefore dependant on whether any of the excluded components apply to your particular circumstances.
What should I do?
Speak to Bruce Coode about the government plans for your property, and whether you should make an owner initiated acquisition. It may be that you aren't entitled to the other heads of damage, and you should save yourself the stress and force the purchase now. Either way, it is better to now what your choices are rather than guess or rely upon some politician to tell you what you should get. Government departments almost by definition are looking to save money on the infrastructure project, talk to someone who is looking to get you the maximum that you are entitled to.
For more information about our firm generally, or compulsory acquisition specifically, please click on the link to the left.