Can the government take my land for a public project?
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Can the government take my land for a public project?

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06.09.2026

We received a letter from a government agency saying that part of our property may be needed for a new road. We do not want to sell and are worried about the compensation. What are our rights? I would like to know what steps I should take next to protect myself.

Site Administration 11.09.2026
reply date: 11.09.2026

Land can be compulsorily acquired for public works, but the process is regulated by the Public Works Act 1981 and you have important rights. The agency must generally try to negotiate a purchase first, must provide a written notice of its intent and must explain the reasons and the process. If agreement cannot be reached, the land can be taken by a proclamation, but you have a right to object, which is heard by the Environment Court. You are also entitled to compensation, determined by the Land Valuation Tribunal if not agreed, which takes into account the market value of the land, injurious affection to the rest of your land and disturbance costs. Obtain independent valuation and legal advice before signing an agreement, and keep all correspondence.

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