|
|
此文章由 huang003261 原创或转贴，不代表本站立场和观点，版权归 oursteps.com.au 和作者 huang003261 所有！转贴必须注明作者、出处和本声明，并保持内容完整
本帖最后由 huang003261 于 2021-8-23 21:45 编辑
jianglei01 发表于 2021-8-23 21:05 
私人财产被保护？你先去隔壁看看新洲政府要收房子的贴恶补一轮
西方国家对私人财产的保护是有法律保护的， 首先政府compulsory acquisition是很早以前就立法了的， 不是今天或者明天因为某领导的一句话和一纸公文就会改变的。
其次法律条文写的很清楚，compulsory acquisition是怎么样一个操作流程，收购的价格是有authorized valuer 给你估计，价格给的是市场价格，如果有异议，有权申诉，法律相关费用由政府承担。
最后在澳洲生活，要自己学会保护自己，提前要去查政府对你自己这片区的规划，在他们这个规划还没通过之前就要采取行动抗议，平时啥都不管，一天到晚在足迹喷，事情发生了啥都不懂，你不倒霉谁倒霉。。。
怕你没这能力去找到相关资料，顺手给你贴出来。
What’s the acquisition process?
Although the Commonwealth’s rights are set out in the Constitution, the acquisition process itself is set out in the Lands Acquisition Act 1989.
You must be told in advance of the Commonwealth’s decision via a Notice of Intention to Acquire Land.
You have the right to ask an independent body to assess the Commonwealth’s decision to acquire your interest.
You have a right to professional advice so you know where you stand and this can be paid for by the Australian government.
You have a right to be compensated on just terms.
This is the basic process although it can vary slightly from state to state.
For example, some states and territories implement so-called “public acquisition overlay” before proceeding to the compulsory acquisition stage.
So instead of the 6-month notification period, residents are usually given a longer period of consultation.
有异议如何appeal.
You have the opportunity to appeal
You have 28 days after receiving the pre-acquisition declaration to make an appeal in writing to the Minister for Finance and Deregulation.
You should independent legal advice when appealing in order to build a strong case.
Once you’ve submitted your appeal, you will receive a reply and the reasons for the decision made by the government within 28 days of receiving the appeal.
If your request is denied, you can appeal to the Administrative Appeals Tribunal (AAT) to review the Commonwealth’s decision.
The only exception to this appeals process is if it’s an urgent acquisition.
如何赔偿
How does the government work out my compensation?
Within 14 days of receiving the official Notice of Acquisition, the acquiring authority is required to make an offer in writing to each person who has an interest in the land.
Included in the offer will be a copy of a certificate of valuation that the acquiring authority has based their offer on.
The good news for affected homeowners is that valuations are undertaken by your state’s relevant Valuer General based on highest and best use rather than existing use.
This refers to the “fair market” value that you’re entitled to under Section 51 in the Constitution.
This makes sense since using comparable sales in the area wouldn’t take into account the premium that now applies to the property.
This is particularly the case with large infrastructure projects that tend to bring with them more business, more jobs and a wave of gentrification to the surrounding neighbourhoods.
In saying that, valuers are conservative and don’t arrive at a figure the same way that an investor would.
The main thing that can really add value are changes to council planning rules and zoning.
These changes may allow for more business activities such as commercial and industrial work.
For example, your single dwelling residence may be able to be subdivided and developed into an apartment or an office building.
Again, the valuations are based on market value and there’s a chance you could get a better sale price by selling private.
Unfortunately, you don’t have the right to sell the property during the compulsory acquisition process.
Besides the property valuation, you have the right to claim any losses incurred by the compulsory acquisition including:
The costs of stamp duty, mortgage refinance fees, removalists and other costs associated with buying a replacement property.
Legal, valuation and accounting expenses related to the acquisition of the land.
Compensation for “intangible losses” such as emotional connection to the property or the inconvenience of having to find new work or schooling for your children.
|
评分
-
查看全部评分
|
老陶的海鲜 - 海参和鱼肚 （46楼有新菜） (2009-4-13) 老陶 
楼主:hpehpe
发表于 2021-8-23 14:27
