Voluntary Purchase Scheme

Are you an eligible owner in a voluntary purchase scheme? Tisher Liner FC Law are specialist voluntary purchase and compulsory acquisition lawyers. Phillip Leaman, who heads the acquisitions team, has extensive expertise in compulsory acquisitions under the Land Acquisition and Compensation Act 1986 (Vic) (“LACA”) and in voluntary purchase schemes.

Tisher Liner FC Law have acted for claimants in various major projects undertaken by the Victorian Government. Under the provisions of the LACA, the Victorian Government can acquire privately owned land for public purposes, either compulsorily or by negotiation (usually through a voluntary purchase scheme).

In some projects, such as the East West Link, Caulfield to Dandenong sky rail and some Level Crossing Removal Projects, the government has introduced voluntary purchase schemes which have given property owners the opportunity to sell their property to the government so that they do not have to deal with the, sometimes, negative impact on construction of major road and rail projects.

Voluntary purchase schemes provide property owners with:

• an ability to obtain a valuation to work out the market value of the property;
• reimbursement of reasonable legal and valuation costs which means that in most cases the property owner should not be out of pocket;
• reimbursement of stamp duty, conveyancing costs and titles office fees for purchasing a replacement property;
• removal costs to move house.

As specialist compulsory acquisition and voluntary purchase acquisition lawyers based in Melbourne, we can assist clients dealing with compulsory acquisition and voluntary purchase schemes with all government projects in Victoria including the level crossing removal project voluntary purchase schemes. The latest voluntary purchase scheme announced is the skyrail over Bell Street in Coburg and Brunswick which will affect around 50 home owners.

Download this fact sheet to learn more about the scheme:

Voluntary Purchase Fact Sheet

We have acted for a significant number of land owners and tenants in various government infrastructure projects and we have been able to achieve excellent outcomes during the compulsory acquisition and voluntary purchase scheme processes for clients.

If you own a property and your property is eligible for a voluntary purchase scheme, you should obtain advice from Phillip Leaman at Tisher Liner FC Law immediately. Legal and valuation costs are fully recoverable under the voluntary acquisition schemes if you engage professionals on a cost recovery basis. Tisher LIner FC Law work on a basis that you will not be out of pocket for legal costs if you engage us.

It is important that you obtain advice from professionals as early as possible to ensure that you maximise the voluntary purchase scheme acquisition compensation for your particular circumstances. We can also assist you with obtaining professional assistance from other experts such as valuers if you require this.

The Authority is in the process of contacting affected owners to confirm their eligibility in the voluntary purchase scheme for the Bell Street, Coburg and Brunswick sky rail. If you receive confirmation that you are eligble for the voluntary purchase scheme then contact Phillip Leaman, principal, Tisher Liner FC Law for specialist legal advice. The initial call/appointment is obligation free and you will not be left out of pocket when engaging us.

 

According to the Level Crossing Removal Projects website as at 27 August 2019, the following images depict the area affected by the Bell Street, Coburg and Brunswick sky rail and are from the https://levelcrossings.vic.gov.au website.

Authority Update:

The Level Crossing Removal Authority has released the criteria to be met to be included in the voluntary purchase scheme.

The guiding principles can be found Here.

In summary, in order to be eligible, you need to meet all of the primary criteria and at least one of the secondary criteria or otherwise be permitted due to a ‘compelling reason’. In order to work out eligibility, you will need to contact the Level Crossing Removal Authority and find out the measurements proposed for the section of elevated railway near your property. Without this, it is difficult to establish eligibility.

For information or assistance, please call Phillip Leaman on 03 8600 9333 or by email: [email protected]