Compulsory Acquisition

Compulsory Acquisition

Councils have a range of roles and responsibilities in their communities, including the provision of services and facilities and the supply of public infrastructure, such as the widening of public roads, new public open space, or the expansion of drainage services. Council will sometimes need to acquire land, or an interest in land such as an easement, to achieve its obligations and responsibilities in delivering services and infrastructure as the community’s needs change.

A council’s powers to acquire land or an interest in land are designated through section 177 of the Roads Act 1993 (for roads purposes) and from section 186 of the Local Government Act 1993 (for all other purposes). These acts authorise council to acquire such land or interest in land by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation Act) 1991.

Councils must also ensure they are in compliance with the Property Acquisition Standards.

An acquisition of land or an interest in land that is available for public sale falls outside of the terms of the Land Acquisition (Just Terms Compensation Act) 1991.

The Property Development Team are responsible for land acquisitions to be undertaken by Council in the Penrith LGA as well as managing the process of Council land to be acquired by another authority.

For more information, contact:

Property Development Team

02 4732 7777

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