Land Acquisition

Land Acquisition

Messrs S. K. Song's experience includes representing individuals as well as corporate land owners in matters related to land acquisition. We are representing Pengerang residents for this nature of matter currently. Land acquisition by the government under the Land Acquisition Act 1960 is a significant event for any property owner, as it involves the compulsory taking of private land for public purposes, often with profound financial and emotional consequences for the affected landowners.

Whilst the government has the power to acquire land for public purposes, landowners have important legal rights, including the right to receive adequate compensation. Our role is to ensure that these rights are fully protected and that our clients receive the maximum compensation to which they are legally entitled under the law.

The Land Acquisition Process

Under the Land Acquisition Act 1960, the land acquisition process begins with a notification in the Gazette and a formal enquiry by the Land Administrator. The Land Administrator will then make a preliminary determination of compensation payable. If the landowner is dissatisfied with the amount offered, they have the right to object and refer the matter to the court for determination. We guide our clients through every stage of this process, from the initial notification to the final determination of compensation, ensuring that their interests are vigorously represented at each step.

Compensation Assessment

The compensation payable for acquired land is determined based on several factors prescribed by the First Schedule of the Land Acquisition Act 1960. These include the market value of the land at the date of the gazette notification, any damage sustained or likely to be sustained by reason of the severing of the land from other land owned by the same person, any damage sustained or likely to be sustained by reason of the acquisition injuriously affecting the landowner's other property, reasonable expenses incurred in having to change residence or place of business, and any depreciation in value of any other property as a direct result of the acquisition. We engage qualified valuers and other experts to ensure that all elements of compensation are properly assessed and claimed.

Court Representation & Appeals

If the compensation offered by the Land Administrator is inadequate, we file the necessary court applications to have the matter determined by the High Court. Our lawyers are experienced in conducting compensation hearings, presenting expert valuation evidence, cross-examining government valuers, and making legal submissions to maximise our clients' compensation awards. Where necessary, we also pursue appeals to the Court of Appeal and Federal Court.

Representing Communities & Groups

Land acquisition often affects entire communities rather than just individual landowners. We have experience in representing groups of affected landowners, coordinating legal strategies to achieve the best outcomes for all affected parties. Our current representation of Pengerang residents demonstrates our commitment to ensuring that ordinary citizens receive fair treatment and adequate compensation when their land is compulsorily acquired.