East West Link Vic - Residents losing their homes

firstly I hate politics and all politicians,

there is the news reports of people getting insulting offers in collingwood and clifton hill etc. etc. from the governemnt, of which they HAVE to accept

so, for the politically retarded like me,

is there a law that says that you have to sell your property to the governemtn???

seems pretty silly that the governemtn are forcing you to sell up,

that being said, if they are building a link, then if they were negotiatiing with every home owner, it would never ever go ahead,

there would be people trying to extort the governement every step of the way,

so whats the rules/laws for projects like this and home owners????
 
I gather the offer the offers have to be market value plus a bit ... insulting may depend on the offer-ee.

And yes - you have to accept - just the same as if the council are widening the road you are obliged to lose some of your property
 
Compulsory acquisition I think it is called.
I did hear somewhere that the government will waive the stamp duty on their next purchase....still, cold comfort for most of these people.
 
Haven't you seen The Castle, TMNT? ;) That's exactly what it was about - the Commonwealth and the States have the right to compulsorily acquire property "on just terms" under the Constitution s 51(xxxi).
 
so whats the rules/laws for projects like this and home owners????

Its pretty simple - you don't own your land - the government owns the land, and you get to own it on a level below the priority of the government.

Look up "radical title".
 
Haven't you seen The Castle, TMNT? ;) That's exactly what it was about - the Commonwealth and the States have the right to compulsorily acquire property "on just terms" under the Constitution s 51(xxxi).

The Commonwealth has to acquire on just terms. For the States it depends on their own rules. NSW introduced something similar to just terms several years ago. Nifty Wran acquired coal rights for NSW with very little compensation in the late 70s early 80s
 
Haven't you seen The Castle, TMNT? ;) That's exactly what it was about - the Commonwealth and the States have the right to compulsorily acquire property "on just terms" under the Constitution s 51(xxxi).

haha, the castle is one of those movies you know is great, and you're always meaning to getting to hiring/downloading it.....ive been saying that for like 15 years

Its pretty simple - you don't own your land - the government owns the land, and you get to own it on a level below the priority of the government.

Look up "radical title".


well you learn something new every day,

that kinda sux, you own it but the governement can do what they want with it!
 
My soninlaw has a multi million dollar property near one of their fume outlets, at least others get money for their property but he will inhale all the fumes and limit his selling opportunities with no compensation at all.
 
f is there a law that says that you have to sell your property to the governemtn???

so whats the rules/laws for projects like this and home owners????

The right to compensation is enshrined in our (federal) constitutuon.

I worked as a licenced valuer for many years. In my experience, the laws regarding the compulsory acquisition of land are, for the most part, very fair. Unfortunately, vendors only get their full rights if they go to court.

The government will try to negotiate with owners and the government negotiators tend to be a mendacious and vicious bunch. There have been countless instances where land has been taken and not paid for.

Owners generally find it very hard to get decent independent valuation advice as many private sector valuers do not want to antagonize the government. The oft repeated mantra goes something like this: "We deal with you Mr Owner just once, we have to deal with the government on a regular basis"
 
My soninlaw has a multi million dollar property near one of their fume outlets, at least others get money for their property but he will inhale all the fumes and limit his selling opportunities with no compensation at all.

My friend's apartment balcony is 14 metres away from the East-West link flyover. The State Govt has not offered to buy out the apartment owners of the block or offer them any compensation.
 
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