If your property is being impacted by road widening by Transport for New South Wales, you have important rights you need to know about. And here's some great news for you: unlike other acquiring authorities where approaches vary, Transport NSW has a consistent and fair approach to legal fees, and we have a strong track record of cost recovery. Our experience shows that reasonable legal costs are typically recovered from Transport NSW.

Here's something crucial that sets Transport for NSW apart from other acquiring authorities: if Transport for NSW is widening the road near your property, specialist acquisition lawyers have a strong track record of recovering legal costs from Transport NSW.

Unlike other acquiring authorities where approaches vary, Transport NSW has a consistent and fair approach to legal costs.

Under the Land Acquisition (Just Terms Compensation) Act 1991, you're entitled to compensation that is guaranteed to not be less than the market value of your land at the date of acquisition. However, your entitlements extend far beyond just the land being acquired.

When determining compensation, we consider any increase or decrease in the value of any other land interest owned by the person as a result of the compulsory acquisition and subsequent development of the land.

This dramatic drop in property value deserves compensation, yet it's frequently undervalued in their initial assessments.

Transport for NSW has allocated significant funding for road infrastructure across the state. The NSW Government's 2024-25 budget included $22.09 billion to build and improve the state's transport network, supporting the $119.4 billion Essential Infrastructure Plan with $62.9 billion set aside for the transport sector over four years.

Major current projects affecting property owners include:

If you have just received a Commencement Letter (also known as the Opening Letter), you will have at least 6 months to negotiate compensation. This is called the "acquisition by agreement" phase.

The NSW legal landscape for compulsory acquisition continues to evolve. Recent Court of Appeal decisions in 2024 have considered important issues around how public purpose is determined and how statutory disregards apply when determining compensation for market value.

The caseload in Land and Environment Court statistics shows class 3 proceedings (compulsory acquisition matters) continuing to increase, highlighting the importance of expert legal representation in this complex area.

At FM Legal, we specialise exclusively in compulsory acquisition and road widening compensation matters. Our track record speaks for itself – we regularly achieve 100-300% over the first offer for our clients in Transport NSW road widening cases.

Our Expertise in Action
We've successfully represented property owners across major NSW road projects including:
⚫️ Picton Road widening affecting Wilton residents
⚫️ Elizabeth Drive upgrades in Western Sydney
⚫️ Mamre Road widening projects
⚫️ M12 Motorway corridor acquisitions

Strong Track Record on Cost Recovery:
Transport NSW has a consistent and fair approach to legal costs in road widening projects. In our experience, we have never had a dispute with Transport NSW over reasonable legal fees, though cost recovery is assessed on a case-by-case basis.

Proven Results:
Our extensive experience shows that 99% of Transport NSW's initial offers are insufficient, and we consistently obtain significantly more compensation for our clients through proper legal representation.

Comprehensive Assessment:
We don't just look at the land being acquired – we assess all impacts including:
⚫️ Remaining property value impacts
⚫️ Adjacent property effects
⚫️ Development potential impacts
⚫️ Highest and best use considerations

Expert Team:
Our specialist acquisition lawyers work with qualified valuers and town planning experts to ensure every aspect of your compensation claim is properly assessed and maximised.