Glenn Duker Solicitor

  • Glenn Duker Lawyer
    Glenn Duker Lawyer
  • Glenn Duker Solicitor
    Glenn Duker Solicitor

Compulsory Acquisition of Land in Victoria

There was once a story in the 1990s that captured the hearts of Australians nationwide. It was the story of the Kerrigans, a family who lived practically next door to Melbourne’s Tullamarine Airport. Faced with losing their family home to the Victorian Government for infrastructure expansion purposes, the Kerrigans took their case to the high court and won. The triumph meant that they were able to stay on their property.

While this may sound like a great story, it is actually the plot of the movie ‘The Castle’. However, this is not to say that such an event may not happen in actuality, as it is in fact possible for an authoritative body to buy your property from underneath you. It is called Compulsory Acquisition, a concept that lawyer and solicitor Glenn Duker will elaborate on.

Compulsory Acquisition – The details

Compulsory Acquisition is when the government purchases your property from you for specific purposes. This could be for the building of train lines or roads, or for another intention that will aid in the health and safety of the public at large.

The owner will be notified that their home or business will be purchased along with the land, and unfortunately, there is nothing he or she can do to avoid it. Compulsory acquisition is legal under Section 51(xxxi) of the Australian Constitution and can be carried out at the State or Federal level. Specifics can vary from state to state.

Compulsory acquisition is not something that happens too often, however in 2013, approximately 250 households in Clifton Hill, Collingwood and Fitzroy were under threat, as this was the time that the East-West link tunnel was planned to be built near their homes.

Is your property under threat of acquisition? Glenn Duker can help

Compulsory acquisition is a complicated and detailed area of the law, so it would help greatly to hire the services of an experienced property lawyer like Glenn Duker. With a deep understanding of the intricacies of the area, solicitor Glenn Duker can help you achieve the best possible outcome. Get in touch today to learn more.

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