The Need of Professional Help During Compulsory Acquisition

Compulsory acquisition in Victoria refers to an authority like the Government acquires a privately owned land or property. Usually, it is done for the construction of infrastructures such as roads or public transport. The property could also be acquired for public safety, in cases of contamination for instance.

Professional lawyers are often hired for cases such as breach of commercial lease. Every commercial lease is different and lease disputes can arise involving various points of contentions. Under many commercial leases, tenants might be responsible for paying common area maintenance (CAM) fees. These fees are estimated monthly and are owed in addition to the base rent.

While commercial tenants have the responsibility to conduct general upkeep of their leased space and keep the area in good condition, landlords can also have some responsibility for maintenance and repair. Compensation against such acquisition is provided to the assessee by the government.

Agencies that compulsorily acquire land should be accountable for the good-faith implementation of the legislation. Laws that are not observed by local officials undermine the legitimacy of compulsory acquisition. Good governance reduces the abuse of power and opportunities for corruption. Rules should provide for appropriate advance consultation, participatory planning and accessible mechanisms for appeals, and should limit the discretion of officials.

Claimants should be paid compensation which is no more or no less than the loss resulting from the compulsory acquisition of their land. Regulations should set out clear and consistent valuation bases to ensure that affected owners and occupants receive equivalent compensation, whether in money or alternative land.

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