The Public Works Act of 1981 (PWA) empowers the compulsory acquisition of land for public work purposes. This may seem daunting for property owners who have seen news stories of homes being taken for public projects. But let’s explore this process and the key players involved.

Who Initiates Land Acquisition?

Entities authorized to acquire property under the PWA encompass Crown Ministers, local and territorial authorities, such as councils, and network utility operators involved in various public works like roads, railways, airports, and utility networks. These entities can requisition land, whether for infrastructure or community projects.

The Acquisition Process

The process leading to land acquisition under the PWA is intricate. It commences with identifying the land required for the public work. Negotiations may start at this stage. A Notice of Requirement may be issued, indicating who needs the land and the reasons behind it.

Valuations for the land are conducted, and negotiations proceed towards determining compensation for the landowner. If no agreement is reached within a year of the Notice of Desire to Acquire being issued, an authority can issue a formal Notice of Intention to Take Land without the landowner’s consent.

If disagreements persist, the landowner can file an objection in the Environment Court. Compensation disputes can be resolved in the Land Valuation Tribunal. Landowners are entitled to compensation for land acquired, loss of value, and damage due to the acquisition, along with legal and valuation costs.

Our Support

Whether your land is acquired through agreement or without it, our legal assistance can be invaluable. Navigating the complex process of land acquisition can be daunting, but we aim to secure the best compensation offer and outcome for you and your family.