Navigating land and easement acquisition: insights for local councils
Navigating the intricate process of land and easement acquisition can be tedious, with strict legislative requirements to follow. Our dedicated Land Acquisition and Property Services team, who have over 50 years’ combined experience facilitating land acquisition on behalf of local government, explain how councils can navigate and streamline this complex process.
What are the main challenges councils face in acquiring land, and how can they overcome them?
Local councils often face challenges related to staffing resources and expertise, particularly in regional areas. It's crucial to invest in comprehensive training programs and capacity-building initiatives tailored to the acquisition space.
What should councils consider when acquiring land for infrastructure projects?
When embarking on land acquisition for infrastructure projects, it’s advised to consider the associated costs and legal obligations under the Land Acquisition (Just Terms Compensation) Act 1991. The Act requires councils to pay the costs of the landowner’s legal representation and valuers (as well as other costs associated with the acquisition) in addition to the market value of the land. Council’s must also be aware that following the Just Terms Act is not an “opt in” and must be complied with whether an agreement has been reached or not. The timeframe to complete an acquisition must also been considered when projects are being planned to ensure that vacant possession is obtained by the project deadline. These timeframes can be significantly longer than the minimum 6 month negotiation timeframe noted in the Just Terms Act.
How can councils to streamline their land acquisition processes?
Establishing clear land/easement acquisition policies and procedures is paramount to streamlining processes and ensuring consistency across projects. These frameworks serve as guiding principles, delineating roles, responsibilities, and timelines for acquisition activities.
What’s the best way to stay updated on the latest land acquisition practices and incorporate them into infrastructure projects?
Continuous learning and professional development are key to staying on top of the latest land acquisition practices. Attending industry events, community gatherings, and leveraging resources from reputable organisations like the Centre for Property Acquisition are essential steps.
Looking forward, what is the team excited to deliver in the coming years?
Continuing to support local councils and other acquiring agencies in expanding their knowledge and skillset in the acquisition space.
Does your project need help with land and easement acquisition? Learn more about our services here.