Compulsory acquisitions

Crown land and freehold in Western Australia can be compulsorily bought back by State or local government and a variety of statutory authorities as stated in Parts 9 and 10 of Land Administration Act 1997 (WA) LAA.

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The most common reason to compulsorily acquire a piece of land is for a public work or to convert Crown land to freehold.

Interest in land may be acquired in one of two ways:

  • by agreement with the owner/s and all interest holders or
  • by compulsory taking without the agreement of the owner/interest holders.

The LAA requires that where the Minister or a delegate for the “acquiring authority” is directly negotiating the acquisition of an interest in land, the landowner must be informed of the procedures for:

  • the taking of land and interests in land
  • payment of purchase moneys
  • compensation for the interest in land taken
  • rights relating to the future transactions for interests in land either taken by agreement or compulsorily taken
  • rights of appeal.
Page last reviewed 21 January 2019
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