Compulsory Acquisition Property

McLean Gladstone provides specialised property valuation services for compulsory acquisition matters across South Australia. As a leading independent property valuer and certified property valuer, we have been involved in most of the major and minor projects in Adelaide and throughout South Australia over the past 30 years. We possess an enviable record in achieving excellent outcomes for the disposed owner, ensuring you receive the maximum compensation you are entitled to.
 

Understanding Compulsory Acquisition: Compulsory acquisition, sometimes referred to as resumption, occurs when the government or an authorised authority acquires private land or an interest in land for public purposes, such as building roads, rail infrastructure, or other public projects. This process is governed by the Land Acquisition Act 1969 (SA), which aims to provide for the acquisition of land on "just terms". This can happen whether or not an owner is willing to sell, or even if the owner cannot be found.  
 

Receiving a Notice of Intent (NOI) from an Authority to acquire your property can be a stressful and confusing situation. If your interest in the land is divested, diminished, or adversely affected by the acquisition, you are legally entitled to compensation.  

Your Entitlement to Compensation: Assessing All "Heads of Claim". The basic principle of compensation is to fairly and justly compensate you for the acquisition. The amount of compensation will depend on the specific circumstances of the acquisition, the area of land being acquired, its value, and whether other forms of compensation are payable. Our comprehensive property valuation reports for compulsory acquisition are extensive, typically over 40 pages, and meticulously assess all "Heads of Claim" to ensure a fair and thorough settlement. These include:  

• Market Value: The amount that would have been paid for the land if it had been sold at the time under ordinary circumstances, without any pressure on either buyer or seller. This is based on the highest value use the land could be put to, not necessarily its current use.  

• Special Value: This refers to any additional financial value of the land to the landowner that puts them at a financial advantage, above and beyond market value. It describes the special value the owner would be prepared to pay to retain the land, and it must be specific to the landowner only. Sentimental or personal value is not considered 'additional financial value'.  

• Severance: If only part of your property is acquired, compensation for any reduced market value of the remaining portion.  

• Disturbance: Any loss, injury, damage, or reasonable expenses incurred as a direct result of the acquisition. This can include business losses, relocation costs (e.g., removalist fees, resettlement costs), loss of goodwill, and other associated financial costs.  

• Solatium: A payment by way of solatium may apply for residential owners of property in circumstances where the land being acquired is their principal place of residence. The Land Acquisition Act 1969 (SA) allows the Authority to increase the compensation amount by a prescribed amount if the acquired land was the owner's principal place of residence at the time the notice of intention to acquire was given. This payment is intended to compensate for intangible losses suffered by the dispossessed owner, such as loss of neighbourhood contacts or extra expenses related to new schools or maintaining social contacts.

• Reasonable Legal and Professional Costs: The acquiring authority is typically required to pay for professional expenses you incur, such as hiring an independent property valuer and/or lawyer to assist you throughout the process. When a notice of acquisition is served, an allowance of $10,000 (payable in advance) is often made directly available to home owner-occupiers to help cover initial professional fees incurred in taking advice and considering their position as to compensation. Furthermore, associated costs, including valuation fees, are generally deemed reimbursable or reasonable costs, meaning you can retain quality representation without worrying about excessive out-of-pocket expenses.
   

Our Expertise and Proven Track Record: McLean Gladstone's licensed property valuers have many years of experience in dealing with compulsory acquisition valuations. We have been involved in significant infrastructure projects, including the South Road Upgrade Project (both Darlington and Torrens to Torrens sections), the Northern Expressway, and the Gawler East Road Link. Our deep industry expertise allows us to provide a comprehensive analysis of the subject property while meeting the specific criteria outlined in compensation procedures, guaranteeing reliable and impartial results for our clients.  
 

We understand the established procedures and strict timeframes involved in the negotiation stage and, if necessary, the appeal process. Our role is to assemble compelling evidence to prove the maximum value of your claim, ensuring you achieve the excellent outcome you deserve as the disposed owner.  
 

Whether your property is being wholly or partially acquired, or will be affected by any government proposed project, McLean Gladstone is your trusted real estate property valuer in Adelaide and South Australia. Contact our team today for expert advice and a professional valuation on property that protects your rights and maximises your compensation.