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Determination of compensation

This is the amount of compensation to be paid to the former land owner. Property NSW manages the determination of compensation on behalf of the Valuer General. A qualified, experienced and independent valuer who has no conflict of interest will assess the determination of compensation. When assessing the amount of compensation, a full valuation report is prepared. The report:

  • shows what has been considered by the valuer
  • addresses the concerns recorded by the former land owner on the section 39 claim for compensation form
  • addresses any other valuation issues raised by either the former land owner or acquiring authority during the valuation process
  • resolves any reasonable doubt in relation to the determination of compensation
  • explains how the amount of compensation was determined.

All valuation information provided by the land owner, acquiring authority or sourced by the Valuer General for the valuation report will be shared between the land owner and the acquiring authority.

Independent quality assurance is undertaken by senior valuers on behalf of the Valuer General who review the valuation report, checking all aspects of the determination including the assessment of the market value of the land and supporting sales evidence. 

Making the determination

Valuers must consider:

(a) the market value of the land on the date of its acquisition

(b) any special value of the land to the person on the date of its acquisition

(c) any loss attributable to severance 

(d) any loss attributable to disturbance

(e) the disadvantage resulting from relocation

(f) any increase or decrease in the value of any other land of the person at the date of acquisition which adjoins or is severed from the acquired land by reason of the carrying out of, or the proposal to carry out, the public purpose for which the land was acquired

  • all information provided by the land owner.
  • all information provided by the acquiring authority.

Our communication 

After the land has been compulsorily acquired, Valuation Services will write to you:

  • about determining the amount of compensation
  • to share all valuation information used in the valuation report
  • about how to get more information or have a conference.

You are encouraged to ask questions, raise concerns and provide information during the valuation process. 

Conferences

Conferences are available throughout the process to resolve issues and concerns before the determination of compensation is issued. These can be arranged through the appointed coordinator. 

Preparing the valuation report

The valuer preparing the valuation report must contact:

  • you or your representative 
This contact is an opportunity for you to discuss your claim for compensation form, raise any issues, ask questions and provide any further information you would like considered as part of the claim.

The valuer will also be able to assist with information about the determination of compensation process.

  • the acquiring authority to discuss any issues they would like considered when undertaking the valuation.

All valuation information considered for the valuation report is shared between the parties.

Preliminary valuation report

Before the determination of compensation is finalised, Valuation Services will send you and the acquiring authority the preliminary valuation report to review. The report shows the amount of compensation and how it was determined. You have 15 days to provide feedback.

As determinations of compensation are a final decision, any concerns should be addressed before the determination of compensation is issued.

 

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