What are your legal rights when your land or property is being resumed through Compulsory Acquisition?

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  • What are your legal rights when your land or property is being resumed through Compulsory Acquisition?
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Why would my land be resumed?

With the many major infrastructure projects (such as construction of new roads and busways) currently being undertaken across Queensland, many landowners are having part, or all of their property resumed/acquired by an authority to make way for the infrastructure. This process is known as Compulsory Acquisition.

Compulsory acquisition occurs where a constructing authority (such as a local Council, the State Government or a public utility provider) seeks to resume all or part of the property under the Acquisition of Land Act 1967 (Qld).

Am I entitled to compensation?

If you are the landowner on the date the resumption notice is published by the Government or other relevant authority, you will be entitled to claim compensation.

In fact, anyone with an interest in the property (such a lessee or a licensee) may also be entitled to claim compensation.

How much compensation am I entitled to?

When assessing the amount of compensation payable, there are 2 major factors:

  1. the “value of the land” resumed; and
  2. “disturbance costs” you have incurred because of the resumption.

What if I do not want the land to be resumed?

Property can be ‘compulsorily acquired’ by a constructing authority with or without the agreement of a landowner.

If the property is to be acquired with the agreement of a landowner, it is essential that the landowner understands their legal rights and is able to negotiate a fair and just outcome so that the compensation received adequately reflects the loss of part or all of their property.

If the property is to be acquired without the agreement of the landowner, it is essential that the landowner understands their legal rights and is be able to take the steps necessary in the circumstances to protect and enforce their rights.

Strict time limits do apply and a failure by a landowner to take appropriate steps within the strict time frames required may result in a loss of their rights or have a significantly detrimental effect on their position.

Is there an entitlement to legal fees?

To enable landowners to be properly advised of their rights, the relevant laws and policies permit, in certain circumstances, landowners to claim their legal costs over and above the value of the property resumed.

Legal fees are generally included as part of the “disturbance costs”.

How can FC Lawyers assist with Compulsory Acquisition?

Our team is experienced in acting for landowners in compulsory acquisition matters and can provide legal advice tailored to your specific needs and circumstances. Contact our team today to discuss your legal requirements regarding compuslory acquisition.

The information provided in this article is for general information and educative purposes in summary form on legal topics which is current at the time it is published. The content does not constitute legal advice or recommendations and should not be relied upon as such. Whilst every care has been taken in the preparation of this article, FC Lawyers cannot accept responsibility for any errors, including those caused by negligence, in the material. We make no representations, statements or warranties about the accuracy or completeness of the information and you should not rely on it. You are advised to make your own independent inquiries regarding the accuracy of any information provided on this website. FC Lawyers does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained in this article. Links to third party websites or articles does not constitute any endorsement or approval of those sites or the owners of those sites. Nothing in this article should be construed as granting any licence or right for you to use that content. You should consult the third party’s terms and conditions of use in relation to any third-party content. FC Lawyers disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way. Appropriate legal advice should always be obtained in actual situations.


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