In brief - Further compulsory acquisitions for the M12
and
Sydney Metro West projects serve as a timely reminder for
stakeholders in the process to be across some of the emerging
themes arising from case law
Declaration of interest: Colin Biggers & Paisley acted
for the plaintiff in
Joyce v Health Administration Corporation [2018] NSWSC
1679
This article provides a snapshot of various recent developments
in compulsory acquisition law in New South Wales over the last two
years. These have the potential to dramatically impact the
resumption process and the amount of compensation (if any) that can
be claimed.
The 6 month pre-acquisition negotiation period
Section 10A of the Land Acquisition (Just Terms Compensation)
Act 1991 (NSW) (Just Terms Act) was only recently introduced with
the 2017 amendments following the
Russel Review into that Act. It provides a minimum period of
six months during which the acquiring authority needs to make a
"genuine attempt
