You must submit a claim for compensation
Once the acquiring authority has issued a proposed acquisition notice, the landowner and anyone else with an interest in the land should:
- complete a section 39 claim for compensation (PDF 125.7 KB) form
- send it to either the Valuer General or the acquiring authority.
You should include the full details of your claim. The valuers who assess your compensation will consider all the information in this form.
The Land Acquisition Act sets out what you can claim for
The following are the things you can claim under the Land Acquisition Act, which are called heads of compensation. The full details are set out in the Land Acquisition Act, which you can access through the hyperlinked heads of compensation below.
Market value of land is the amount you would have received if you sold the land when both you and the buyer were willing but not anxious. It does not include changes in land value due to:
- the purpose the acquiring authority acquired it for
- improvements the State makes for that purpose
- illegal use of the land.
Special value of the land to the landowner is the financial value of any advantage you receive incidental to your use of the land. This is on top of market value.
Loss due to severance is any loss in value of land you own if it is severed from other land, if this change is due to the acquisition.
Loss due to disturbance can include any of your reasonably incurred costs related to the acquisition, including:
- legal costs and valuation fees
- costs from relocation (including legal costs, but not transfer of land or business duty or mortgage costs)
- stamp duty costs for land you buy to relocate to (but no more than what you would incur for buying land of equal value to the compulsorily acquired land)
- costs related to discharging a mortgage or executing a new mortgage (but no more than what you would incur if the new mortgage repaid the balance owing on the discharged mortgage)
- costs from the actual use of the land, directly and naturally due to the acquisition.
Disadvantage from relocation (once called solatium) is compensation for any non financial disadvantage when you must relocate your home due to the acquisition. The maximum amount is set out in Section 60 of the Act and automatically indexed in line with inflation. In assessing this, the valuer who assesses your compensation will consider all relevant circumstances, including:
- your interest in the land
- the time you lived there, and whether your residence was temporary or indefinite
- the time you can keep using the land after acquisition.
Any increase or decrease in the value of adjoining land is a change to the value of other land that adjoins or is severed from the acquired land, if the change is due to the acquisition.