Council has had to turn to the Land Acquisition Act to fulfil plans to build an archway to link The Levee with the riverbank.
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The link, part of stage two of The Levee, will require three buildings to be demolished.
Long negotiations between Maitland City Council and the owners of two of the buildings have to date been unsuccessful. The acquisition act was brought into play.
Those owners will be compensated for their properties.
Of the three shops marked for demolition, one is council owned.
“It looks like we’ll be moving early next year,” New Look Eyewear owner Alison Burns said.
“[The compensation claim] is not finished yet, but it looks like we might have come to an agreement, if somewhat reluctantly.”
Under the act, all levels of government can acquire privately owned land for public use.
But such matters can still end up in court if the landholder disputes the compensation offer.
“I’ve agreed to an amount that, if I’m careful, I will break even, and that’s all I’ve wanted,” Mrs Burns said.
“I didn’t want to endure all the stress that a court process entails.”
Council will lease the building back to Mrs Burns until she is able to move her business to a nearby premises.
“I’ve been there 30 years and I’m staying around [in The Levee] for our customers,” she said.
Council launched into the compulsory acquisition phase last week but can still negotiate an outcome within 90 days of the acquisition notice being advertised in the Government Gazette.
“We’re still hopeful it will be resolved in that period of time,” Bailey’s Jewellers owner Doug Crich said.
“I have bought another property opposite the entrance to Kmart in The Levee and settlement is due October 26.”
Council group administration and governance manager Graeme Tolhurst had little to say on the matter
“Council is still negotiating with the owners of both properties,” he said.