Posted on Tuesday, January 12th, 2021 in by Matt Garmony
Owners and tenants rights to compensation
The Licensed Valuers at Garmony Property Consultants are highly experienced in providing expert compensation valuations outlining land owners and tenants rights to Compensation as a result of land being required for State and Federal Governments road and rail infrastructure. The State Government is investing significantly in road and rail infrastructure, spending approximately $6.5 billion in an unprecedented building program including major projects such as Metronet, Armadale Road & North Lake Road Bridge and the Bunbury Outer Ring Road (BORR). With most infrastructure projects, additional privately owned land is required and is acquired (often compulsorily) by the government under the Land Administration Act 1997 (WA) (LAA). The stress and uncertainty caused by the compulsory acquisition process to owners and tenants is understood by our Licensed Valuers with our experience and detailed expert compensation valuations, we can assist owners and tenants deal with the government authorities and ensure the affected parties achieve the fair and just compensation they are entitled to.
The State Government has the power under various legislation to reserve and or resume the whole or part of your land for a public work (roads, railways, parks and recreation, bush forever etc.) Under the Land Administration Act 1997 (LAA) and the Planning & Development Act 2005 (PDA) land owners and have a right to claim compensation for the reserved land or land taken for the public work. Tenants with an interest in a property that is being resumed under the LAA, also have the right to compensation for the disruption to their business and having to extinguish their lease (interest) early.
Our licensed valuers have a wealth of experience in providing compensation valuations and or consultancy advice for dispossessed and affected land owners and tenants for a broad range of property types. In addition to providing compensation valuations for residential, commercial and industrial properties, our licensed valuers also have experience with preparing compensation advice and valuations on land taken from caravan parks, sand and gravel quarries, farms, lifestyle properties and service stations and other specialised assets.
Owners and tenants rights to compensation under the Land Administration Act 1997 entitle dispossessed land owners and tenants to various ‘heads of claim’ for not only on the market value of the land and buildings taken (owners claim), but also on the damages caused to the land owner (and the land owners business if owner occupied) and if the property is leased, the tenants business, as a result of the taking. The various ‘heads of claim’ under Section 241 of the Land Administration Act are as follows;
- VALUE OF LAND AND IMPROVEMENTS
- CONSEQUENTIAL LOSSES
- SEVERANCE DAMAGE
- INJURIOUS AFFECTION
- SOLATIUM
- INTEREST
- If you have been contacted by the Western Australian Planning Commission, Main Roads or the Public Transport Authority in regards to a portion of your land being required for a road widening or rail corridor, and you are the land owner & or tenant, please contact Matt Garmony of Garmony Property Consultants to discuss your compensation rights and compensation valuation requirements. For more information on Compensation valuations click on this link – Compensation Valuations.