Compulsory Acquisition Project | Yan Yean Road - Stage 2

Is Your Property Affected by the Yan Yean Road Upgrade Stage 2? Understanding Partial Compulsory Acquisitions

The Acquiring Authority (in this case, Head, Transport for Victoria, which was formerly VicRoads) is required to follow a formal process for land acquisition, which is set out in the Land Acquisition and Compensation Act 1986. Often, this process involves serving impacted landowners with a Notice of Intention to Acquire. This notice identifies the specific interest or part of the land intended to be acquired, but does not itself constitute an offer of compensation or a binding agreement to acquire any land.

Compensation is a key concern for affected landowners. The methodology for assessing land value in partial acquisition cases is complicated, and only a limited number of valuers and lawyers in Victoria have genuine experience in this area. Understanding your rights in relation to reinstatement and rectification is crucial, especially in instances where fencing, landscaping, driveways or other structures are lost.

People and businesses impacted by partial land acquisition are also entitled to make claims under the same heads of compensation that govern whole of land acquisitions, such as "loss attributable to disturbance", "solatium", and "professional expenses". Whilst the legislation governs the process, expert advice is essential to ensure each head of compensation is maximised for your unique case.

If you think your property may be impacted by the Yan Yean Road Upgrade Stage 2, now is the time to speak to an experienced compulsory acquisitions lawyer to guide you through this unusual and difficult process. At Hunt & Hunt, we offer arrangements to allow claimants to ensure they will not be out of pocket for our costs, even if they have not yet received a Notice of Intention to Acquire.

Our dedicated Compulsory Acquisitions team at Hunt & Hunt acted for more than 50 landowners impacted by Stage 1 of the Yan Yean Road Upgrade Project. Anton Dunhill, the head of our team, has been assisting claimants impacted by compulsory acquisitions for 20 years. We do not act for the Head, Transport for Victoria, Major Road Projects Victoria or the Department of Transport and Planning.

Please feel free to contact Anton or our Yan Yean Road project lead, Anna Shaw, on (03) 8602 9232 for an obligation-free discussion.