OUR EXPERTISE

Land Compensation

The act of reserving or compulsorily acquiring land can have significant ramifications for landowners, business owners and tenants. We advise and represent clients with landholdings compulsorily acquired or injuriously affected as a result of a reservation by a government authority. We assist our clients to obtain fair and just compensation throughout all stages of the compulsory taking and injurious affection process, including negotiations, compensation claims and acting in arbitration, court proceedings and alternative dispute resolutions.  

How we can support

  • Advising clients on their legal rights and options arising from a planned compulsory acquisition of land or a reservation of land.

  • Instructing experts such as land valuers and business valuers to accurately assess the impact of a compulsory acquisition or reservation of land.

  • Claiming compensation or injurious affection.

  • Representing clients in the Supreme Court, State Administrative Tribunal or commercial arbitration as to the quantum of compensation payable as a result of the compulsory acquisition of land or the reservation of land.

Recent Experience

  • Represented a publicly listed company and major food manufacturing business in compensation proceedings against Main Roads and the Western Australian Planning Commission for the part-taking of land for road works.

  • Acted for a major car dealership business in State Administrative Tribunal proceedings against Main Roads to determine the compensation payable for the taking of land for road works.

  • Advised a company in respect of its land which was at risk of being compulsorily acquired due to planned public works and making representations to the State Government in relation to the impacts of the proposed works and the potential compensation payable.

  • Acted for a company against the State Government in relation to a compensation claim for the reservation of land for a highway and its identification as Bush Forever land.

  • Advised a company on the strategic approach to the development of land in light of the reservation of part of its property for road widening.

  • Advised a company on the potential reservation of its property for educational purposes under a redevelopment scheme and liaising with the State Government resulting in the early payment of compensation.