Scammell & Co are assisting Adelaide property owners and businesses who find themselves at a stalemate with the DPTI over compensation

The Government of South Australia has announced $12.9 billion worth of infrastructure spending on major projects across the state over the next four years. Such projects are crucial in meeting the future needs of the state’s growing population, providing economic stimulus – including much needed job opportunities during the planning and construction phases and ultimately making the city’s roads safer and more efficient for all users. Unfortunately, they also come at a cost to existing property owners and businesses – forced to make way for such projects.

Current projects either in the planning or construction stage include:

From the list above, two examples of road projects causing significant stress and anxiety for property owners and businesses include:

  • the Portrush and Magill Roads intersection upgrade – with up to 47 existing homes, units and commercial buildings slated for demolition or partial acquisition; and
  • the Princes Highway and Woodside Road intersection upgrade – with 9 properties subject to whole or partial acquisition.

Some of the residents and business owners affected by these projects claim that up until now there has been poor communication from the Department of Planning, Transport and Infrastructure (DPTI) – with little to no community consultation. Issues around the loss of local amenity and the fact that there has been a disregard for buildings or other structures of historical significance is adding to people’s concerns over the projects. Furthermore, those affected claim negotiations currently underway regarding financial compensation have been woefully inadequate.

Government SA – Department of Planning, Transport & Infrastructure draft proposal – Portrush and Magill Roads intersection upgrade.

Compensation is based on fair market value of the property to be acquired. Other factors considered when determining compensation may include any loss to the remaining land caused by partial acquisition; any loss due to disturbance; and special value including any business based issues. Reasonable costs such as valuation fees, legal expenses and conveyancing related to the acquisition should also be reimbursed.

If affected parties object to the purchase, there are established procedures for appeal to the Courts, which may include an objection or alteration to the acquisition. This review may or may not be successful.

Scammell & Co. Solicitors are one of South Australia’s leading property law firms and have extensive experience in property acquisitions. We provide independent legal advice to ensure the rights of property owners, businesses and tenants are not diminished, and they get the compensation they are entitled to.

If you would like to discuss your unique circumstances, please contact us today for a confidential and obligation-free initial consultation on (08) 84474466.

For further information please visit our Compulsory Acquisitions page.

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