Resumption and compulsory acquisition of land in NSW — compensation under the Just Terms Act, hardship claims, stamp duty and land tax claims, and acquisitions for major infrastructure projects.
The NSW Government has announced a $1 billion upgrade to Fifteenth Avenue, Austral, part of the Liverpool to Airport Transit Corridor improving access to Bradfield City Centre, the Metro and
Compensation for land compulsorily acquired for a railway tunnel is only available where a claimant satisfies a gateway criterion under clause 2 of Schedule 6B of the Transport Administration Act
On 12 May 2021, the NSW Government confirmed two further additions to the Sydney Metro West project – Pyrmont and Sydney CBD – completing plans for the underground metro line
Where a party contracts to purchase land that is compulsorily acquired before settlement, tension arises if the Valuer-General’s market value is less than the contract price. In G Capital Corporation
The usual path to challenging a Valuer-General’s compensation determination on compulsory acquisition is Class 3 proceedings in the Land and Environment Court, involving a re-determination of the land’s value under
Compulsory acquisition often triggers tax implications for dispossessed owners of investment land, commonly stamp duty and land tax. In Canal Aviv Pty Ltd v Roads and Maritime Services [2018] NSWLEC
Sydney Water Corporation v Caruso [2009] NSWCA 391 is authority that, in determining compensation for a dispossessed owner, doubts should be resolved in favour of a more liberal estimate –
Sale contracts typically provide for adjustment of land tax so property transfers free of tax against the incoming purchaser. Where land is compulsorily acquired, the acquiring authority deducts unpaid land
A contentious issue in the compulsory acquisition of land in NSW is whether a dispossessed owner can claim, in addition to other heads of compensation, the stamp duty and financial
The Land Acquisition (Just Terms Compensation) Act 1991 (NSW) provides that where a dispossessed owner remains in occupation after compulsory acquisition, the acquiring authority may impose reasonable tenancy terms, including
Owners of land reserved for a public purpose – such as road widening, trunk drainage or open space – usually must wait years for the acquiring authority to acquire the
An interesting reform under the Land Acquisition (Just Terms Compensation) Amendment Act 2016 (NSW), effective 1 March 2017, is the option for dispossessed owners to buy back their former land
Generally, a landowner owns the ground below their property, subject to Crown reservations, but the deprivation of subsurface rights does not always attract compensation – the reasoning being that it
Suite 905, Level 9, The Trust Building, 155 King St, Sydney NSW 2000
Project Lawyers are a specialist Sydney-based law firm providing first-class legal services to corporate & private clients in connection with the procurement of residential, retail, commercial and industrial projects.