Tuesday, January 1, 2019

Compulsory Acquisition: A Guide To Gaining Sufficient Compensation

Picture by Aleksejs Bergmanis

One of the most shocking powers government authorities hold over its state is the
constitutional right to acquire another person's land. This is usually to accommodate
for a growing population, whether to build new transport links or power plants with
renewable energy. Which is why the owner of the land has usually no say in whether
the project will go ahead, and are mostly expected to sacrifice their homes for the
greater good of the town/city.
Naturally, an invitation from the government to vacate your property where you've
invested time and money renovating, looking after a family or building a business,
can anger and frustrate the calmest of individuals. However, opposed to replying
to the governments' requests based on emotion, you could benefit by taking a look
at the below steps to try and gain the most from your foreseeable loss.

You Need A Reason

Feel free to query the government’s proposal tirelessly to establish the why’s, what,
when and how’s of acquiring your land specifically, furthermore speak to your
neighbouring houses and businesses to determine whether or not they have received
a proposal too. If you’re on a friendly basis, you could exchange the value the
government is prepared to pay for your properties and note this down.

Information is power, which you may be able to use to your advantage through
this process in helping you to make the most money out of your property or resisting
proceedings altogether. For instance, in the Desane Case based in Australia, the
Supreme Court’s Judge originally upheld Desane’s challenge against authorities
for the acquisition of his land, this momentarily proposed hope for land owners.
However, unfortunately the Court Of Appeal overturned this ruling and allowed
the land acquisition to commence. This is a rare case, but none-the-less
paramount in the determination of whether the government possesses legitimate
reasons for attaining your abode. Which is why you should note down all of
the reasons the government has declared they require your land.

Contact The Experts

Speaking to a professional with experience handling acquisition of land cases
will hopefully enhance and confirm the research you have already taken. A
professional can advise you on example cases, look over your paperwork
and prove whether or not the government's reason for the acquisition is
legitimate. Regarding compensation, they will also explain if the value
proposed is fair.

Independent Valuation

Gaining a valuation from an individual outside of the government is essential
to determine whether or not the compensation proposed by the government
is justifiable. If you are actually willing to give up your property, don’t let
this on to the government and keep your cards close to your chest before
you have all the information, and an independent valuation report. Once
you have your valuation match this up against the government’s proposal
to see if the compensation is fair and just.

In your mission to gain a sufficient return for losing your business building or
home, you must begin researching this subject and reaching out to experts
for advice. This will ensure you are not left out of pocket by agreeing to
compensation that doesn’t suffice.

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