How was my land chosen for this project?
A site is selected through careful assessment against our site evaluation criteria which includes:
- location within the service catchment area to meet community needs
- size, shape and topography
- site access including private vehicle, pedestrian, public transport and utilities
- adjoining uses
- zoning and planning overlays
- proximity to related community services.
Your land was found to be the most suitable site for this project to ensure we can deliver the best services in the best location for the Victorian community.
How long does the compulsory acquisition process take?
This often depends on the type of property (commercial or residential) as well as the project’s construction timeframes, however the Act specifies many of the timeframes that apply to a compulsory acquisition.
The VHBA is committed to working with landowners to provide them as much time as possible under the project’s timeline to vacate a property and this will vary from site to site. Our Property Team will discuss your individual circumstances with you and will give you as much notice as possible at each step in the process.
Can I stop my property from being compulsorily acquired?
Generally, it is not possible to stop a compulsory acquisition as this process is only undertaken to enable provision of important infrastructure or services for our State. However, in some instances concerns raised about an acquisition have led to a different outcome. You may wish to seek the advice of a professional legal advisor should you have any concerns.
When will I need to vacate my property?
The Act specifies timeframes for a dispossessed landowner to vacate an acquired property, however we will work with you on the terms of possession and the time you have to vacate the land. To help reduce the impact on you, we will give you as much notice as possible of when you need to vacate.
What if the land is leased? What support is available for tenants?
The VHBA will work with the landowners and their tenants respectfully and sensitively to understand the impact to each party as a result of the compulsory acquisition process.
Compensation is available to tenants who can demonstrate a financial loss as a direct result of the compulsory acquisition process, which may include items such as costs associated with finding an alternative premises and removal and reinstatement expenses.
If you are a tenant affected by a compulsory acquisition, the VHBA recommends you engage with your landlord throughout the compulsory acquisition process. If required, a legal or other professional adviser can be engaged to assist with questions you may have around compensation, and provide independent advice on your particular situation. VHBA will reimburse the reasonable costs of you obtaining this advice, in accordance with the Act.
To ensure VHBA agrees that the professional advisory fees incurred by a tenant are compensable under the Act, the tenant may wish their advisers to submit fee proposals to us prior to undertaking work.
Will I be compensated?
If we need to compulsorily acquire your land for a project, you will be financially compensated in accordance with the Act.
The Valuer-General Victoria will assess your scenario to determine the amount of compensation on behalf of the Government. This will include the market value of the land, plus any additional allowances which may apply in your circumstances. This may include financial loss to a business on the land or any non-financial disadvantages resulting from the acquisition.
Under the Act you may seek your own advice on the amount that you wish to claim, if the offer of compensation is not acceptable to you.
How can I be sure I’m getting a fair deal?
The amount of compensation you will be offered for your land is determined by the Valuer-General Victoria in accordance with the Act. The Valuer-General Victoria makes assessments based on the scenarios relating to each parcel of land. However, the Act also makes provision for dispossessed landowners to dispute the amounts offered by an acquiring authority and sets out a process for resolution of such disputes.
We recommend you engage a legal or other professional adviser (such as a land-valuer) to assist you with questions you may have around compensation, and provide independent advice on your particular situation. We will reimburse the reasonable costs of you obtaining this advice.
To ensure VHBA agrees that the professional advisory fees incurred by you are compensable under the Act, you may wish your advisers to submit fee proposals to us prior to undertaking work.
When will I receive compensation?
Full compensation is paid following an agreement on the compensation amount. However, after receiving a Notice of Acquisition and a compensation offer, you can request that we pay an advance of the compensation. This payment will be made within 30 days of receiving the request and will not affect your entitlement to continue negotiating a final settlement.
Once agreement is reached on the amount of compensation, the balance will be paid to you as soon as possible.
What happens if we cannot agree on the compensation amount?
If an agreement on compensation cannot be reached between the parties, the Act makes provision for the matter to be referred to the Victorian Civil and Administrative Tribunal or the Supreme Court for a resolution.
