AustraliaThe government wants to acquire my land for a highway. Am I entitled to compensation?
Yes, you are entitled to just terms compensation if the Australian government acquires your land for a highway under federal or state law.
What the Law Says
The Australian Constitution and state/territory legislation guarantee compensation when government acquires private land. The key principle is 'just terms', rooted in the Commonwealth Constitution and reflected in all state acquisition laws.
Section 51(xxxi) of the Australian Constitution gives the Commonwealth Parliament power to make laws for the acquisition of property on just terms. This applies whenever the Commonwealth (e.g., for a national highway) compulsorily acquires land.
Each state and territory has its own legislation governing land acquisition — for example, the Land Acquisition Act 1989 (ACT), the Acquisition of Land Act 1967 (Qld), and the Land Acquisition (Just Terms Compensation) Act 1991 (NSW). These laws implement the constitutional requirement and set out how compensation is assessed and paid.
Compensation generally includes the market value of the land at the date of acquisition, plus any financial losses directly caused by the acquisition — such as relocation costs, severance loss (if part of your land remains but is less useful), and disturbance allowances.
Statutory TextThe Parliament shall not have power to make any law for the acquisition of property other than on just terms.
— Australian Constitution, s. 51(xxxi) — Legislative powers of the Parliament
Statutory TextCompensation is payable for the acquisition of an interest in land under this Act.
— Land Acquisition (Just Terms Compensation) Act 1991 (NSW), s. 3 — Compensation payable
Statutory TextThe amount of compensation payable… is the market value of the interest acquired…
— Land Acquisition (Just Terms Compensation) Act 1991 (NSW), s. 52(1) — Determination of compensation
What to Do
Receive and review the official acquisition notice — it must state the purpose, land description, and proposed acquisition date.
Obtain an independent valuation of your land and document any losses (e.g., business interruption, moving costs).
Lodge a claim for compensation with the acquiring authority within the statutory time limit — e.g., 12 months from acquisition in NSW.
If you disagree with the offered amount, request a review or refer the matter to the relevant tribunal (e.g., NSW Land and Environment Court).
Sources
Same Question, Other Jurisdictions
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US Federal
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.