Following Covid lockdowns and the migration from the southern states to sunny Queensland, the Southeast region is rapidly growing, and the infrastructure is continually being revised to ensure the increasing population is catered for. Part of this growth is the rising prevalence of the resumption of land to ensure there is room for more affordable housing, the addition of electricity or building more efficient motorways and transport systems.
Argon Law's Litigation and Dispute Resolution Lawyer Natashia Blank takes you through the next steps in this article.
Can the government take your land?
You should be aware that, in Queensland, under legislation known as the Acquisition of Land Act 1967, such departments and authorities (called ‘constructing authorities in this instance’) have very broad powers to take or resume land, or an interest in land (such as an easement), or the businesses operating from that land, from private citizens.
The resumption process (also called ‘compulsory acquisition”) is commenced by the relevant authority serving on the landowner or tenant a Notice of Intention to Resume (also called an ‘NIR’) which sets out the purpose for which the land is required.
What should you do if you receive an NIR?
If you have received an NIR, you should immediately seek legal advice with an experienced lawyer. Consulting a lawyer experienced in compulsory acquisition and land resumption before signing an NIR or submitting an objection can dramatically affect your chances of receiving a satisfactory resumption outcome.
Stopping a Compulsory Acquisition: What if I want to object to the NIR?
The landowner then has the right to object and attend an objection meeting at a time and place specified in the notice. That time must be no less than 30 days from the date of the notice.
You can object for several different reasons, but not based on the compensation you are to be paid.
The authority must consider your objections and notify you of its decision.
If it decides to disregard your objection and proceed you can challenge that decision in the courts.
What happens next if I accept an NIR?
If you don’t challenge the land resumption decision or don’t object at all, the authority will then proceed to take your land by publishing a notice in the government gazette.
Upon such publication, the land becomes vested in the authority and the landowner’s rights are converted to a right to be paid compensation. The landowner has 3 years from that point to make a claim for compensation.
What compensation can I receive as a result of land resumption?
Compensation payable for land resumption consists of the market value of the land at the time it was taken, along with disturbance items. Disturbance items encompass the landowner's valuation and legal fees, relocation costs, and other expenses associated with acquiring a replacement property. Additionally, compensation is provided for any damage or destruction caused to businesses operated on the land taken from the former landowner or tenant.
What if we can’t reach an agreement about land resumption compensation?
If your negotiations don’t result in a mutually acceptable figure being reached, you can reject the constructing authority’s offer and the matter will be referred to the Land Court. From here a Land Court Member will reach an independent decision on compensation after consulting with all parties and experts nominated.
Should I seek legal advice regarding land resumption?
When facing compulsory acquisition, it is crucial to understand your rights and seek legal advice from a skilled property lawyer who can help you navigate the compulsory acquisition process in Queensland.
Argon Law is here to help.
We hope you are now better prepared if you are served with a notice of intention to resume your land. Please note this article is to be used as a guide only and we encourage you to get in touch with one of our experienced land resumption lawyers to ensure your matter is handled in your best interest.
If you have any queries about this or any other legal issue, then please contact us on 07 5443 9988 or [email protected].
Argon Law is a Sunshine Coast law firm based in Maroochydore. We are commercial lawyers and property lawyers and are eager to assist you in any way we can.
