Trusted Compulsory Acquisition and Land Resumption Lawyers on the Sunshine Coast
- Protecting Your Land: Compulsory Acquisition & Land Resumption
Do you have concerns about the possibility of your land or property being acquired by a government department or council?
In Queensland, the government has the power to resume land for public purposes, such as for building roads, railways or schools, and this process is known as land resumption. If your land is being resumed, you have the right to be compensated fairly for your loss.
The amount of compensation that is paid for compulsory acquisition is determined by a number of factors, including the market value of the land, the purpose for which it is being acquired, and the availability of alternative land. As a landowner, your legal and valuation expenses are typically covered by the resuming authority, so it makes sense to engage a legal advisor as soon as possible and without hesitation. You don't have to live with uncertainty about your future.
The official resumption process starts with a Notice of Intention to Resume (or "NIR"), though negotiations often initiate well before receiving such a notice. If you are facing a compulsory land acquisition, it is important to speak to a lawyer who can help you understand your rights and options. We can help you consider whether you have valid grounds to contest the resumption or not and can also help you negotiate the most favourable compensation package, so you can move forward with your life.
Find out more about land resumption and compulsory acquisitions of land in Queensland with our helpful articles and guides below.
Rights to your land and compensation
In this video John Gallagher, director of Argon Law provides information on the resumption of land in Queensland.
The formal resumption process is commenced with a Notice of Intention to Resume which sets the purpose for which the land is used.
The landowner has the right to object, at an objection meeting specified in the notice. You can object on a number of grounds, and if your objection is disregarded by the authority, you can challenge this in the courts.
If you don't challenge or don't object, the authority will proceed to take your land. You will be paid compensation.
The compensation payable will be the market value of the land at the time of it being taken. Disturbance items will be compensated for as well, which include the landowners valuation, legal fees and relocation costs.
If there is no agreement about the market value of your land, you can proceed to have that adjudicated in the courts.
Understanding Compulsory Acquisition and Resumption in Queensland
In the following articles, we delve into the rapid growth of the Southeast region following Covid lockdowns and the influx from the southern states to sunny Queensland. With the increasing population, the infrastructure is under constant revision to meet the demands of the growing community.
One significant aspect of this growth is the escalating occurrence of land resumption. This action is taken to accommodate more affordable housing, facilitate the utilities such as water supply and electricity, and expand or construct more efficient road and transport systems.
Join Natashia Blank, Argon Law's Litigation and Dispute Resolution Lawyer, as she guides you through the essential steps in dealing with this process.
The fundamental question addressed is whether the government can take your land. Under the legislation known as the Acquisition of Land Act 1967 in Queensland, various departments and authorities (referred to as 'constructing authorities' here) possess extensive powers to take or resume land from private citizens, including an interest in land, such as an easement and can also result in the need to relocate or close businesses operating on that land.
While major projects are planned well in advance, actual land acquisitions often occur just before construction commences.
This can leave property owners in difficult positions for extended periods of time as potential buyers of their property will be deterred by the future development. Luckily, property owners facing such situations do have a legal option available to them - Early Land Acquisition Agreements.
To initiate the resumption process, the relevant authority serves a Notice of Intention to Resume (also known as an 'NIR') to the landowner or tenant. This notice outlines the purpose for which the land is required.