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 Anyone got experience with Land Acquisition Act?

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digitalz
post Dec 29 2020, 03:24 PM

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Let's put it this way.

1. LAA is based on how the state/the gov etc acquire your land, not developers. Tons of reasons such as public policy etc etc.

2. Unless something big is at least drafted/set in stone like "proposed MRT; proposed city plan etc etc" - at least a draft plan is needed before any assumption / prediction is even made.

digitalz
post Dec 29 2020, 05:27 PM

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Well if you notice properly, that is involving the RTS etc. Hence, the reason will always be like public policy/"for greater good". Similarly, you can go and obtain the plans for the RTS project (not too sure on how JB works). Example, the KL plan has plans for purchase so you will know if you are affected from there.

Also, they will inform you, write to you, send you notices etc. Similarly, government gazettes. That one you'd have to look out for too. Will take some time to go for a few meetings with the land office/admin etc.

Fair compensation can happen. If you are not too happy with what the state is giving, under the LAA, you can object to it and they will move the matter to the Court.

You will have your own valuer, the government will have their own so you valuer when you file anything in court. Then, the judge will be assisted by 2 independent valuers (one from gov, one private) before the court makes any decision. So if you have enough data (such as recent sale & purchase prices to compare)/affected routes etc, you'd probably get more compensation than what was awarded by the land office.
digitalz
post Dec 29 2020, 08:54 PM

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QUOTE(grahamaker94 @ Dec 29 2020, 07:11 PM)
I appreciate your detailed reply. Thank you very much for taking the time to educate and help me out. Sometimes we just need someone to give us a serious informed answer to help us unnerve a little.
*
No prob. Still compensation might vary even if you bring it up to the court. The independent valuers would probably agree with the original valuation on certain claims so its a hit or miss depending on situation.

Oh ya, don't miss the meetings (if any) even if your taman representative/JMB "on behalf" of everyone. Their views might not be yours so its better to go yourself to all these meetings.

But to change it to commercial without the "greater good" policy it will be tough. Especially if the land is further away from the projects (MRT/LRT/flyover etc).

This post has been edited by digitalz: Dec 29 2020, 08:56 PM
digitalz
post Dec 30 2020, 08:47 AM

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I agree that an experienced valuer will help a lot. The valuer will do a lot of the reports and his valuation will matter a lot. The valuer I met had a lot of experience in going to court even for his clients on LAA matters.
digitalz
post Dec 30 2020, 04:07 PM

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Personally, there is no need to go for a big firm. An experienced valuer would do. One that knows his stuff and way around the LAA. Some valuers just overpromise certain stuff and when it reached the referral part to the court... the independent valuers don't take even take the "claims" into consideration.
digitalz
post Feb 9 2021, 03:30 PM

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QUOTE(AgentVIDIC @ Feb 8 2021, 11:27 AM)
Oh ok, yeah so we have the right to appoint out own valuer in the event of:

1. government acquisition
2. land sale (as government valuation is lower hence the RPGT will be very HIGH!)

correct?
*
For RPGT, I've seen cases where the value of the land through the LHDN is higher than the purchase price. LHDN will tell you the land is under-valued so you can appeal against it if you are not happy with it.
digitalz
post Feb 9 2021, 05:15 PM

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QUOTE(icemanfx @ Feb 9 2021, 04:59 PM)
Appeal could end in either unchanged, reduced or increased value.
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Yep. I've seen a few that's remained unchanged despite the lower price stated in the SPA.

 

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