Importance of Property Lawyer Team to Settle Compulsory Acquisition

Compulsory Acquisition in Victoria refers to the power of the government to acquire private rights of the land, irrespective of the owner’s consent or occupant to benefit society. Compensation against such acquisition is provided to the assessee by the government.

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.

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.

Compulsory acquisition is inherently disruptive. Even when the compensation is generous and procedures are generally fair and efficient, the displacement of people from established homes, businesses and communities will still entail significant human costs. Where the process is designed or implemented poorly, the economic, social and political costs may be enormous.

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