Have you received notice that all or part of your land is required by an authority and they intend to compulsorily acquire it from you?
If so, you should seek legal advice immediately so as to ensure that your position is protected and to ensure that you don't lose any rights that you may have (for example, some rights you may have are subject to strict time frames and may expire etc.).
Background
With an unprecedented number of major infrastructure projects being rolled out across Queensland, many landowners are in the unfortunate position of having part or all of their property 'taken' by an authority to make way for the infrastructure.
From large projects, including the Cross River Rail project, the Inland Rail project, Bruce Highway Upgrade, M1 Pacific Motorway Upgrade, Brisbane Metro project and the Beerburrum to Nambour Rail Upgrade, to many smaller projects, including Queens Wharf, the Albion Station Precinct, multiple new bridges, the second airport runway and multiple and ongoing sewerage and water network upgrades, there is one common denominator – they all need additional land.
Unfortunately, in many cases, the additional land required is 'taken' from private owners who are in the path of, or close by to, the proposed infrastructure project.
This process is known as Compulsory Acquisition – where an authority (such as a local Council, State Government or public utilities provider) seeks to resume all or part of an owner’s land under the Acquisition of Land Act 1967.
Compulsory Acquisition
Land can be 'compulsorily acquired' by a constructing authority:
with a landowner's agreement; or
without a landowner's agreement.
In each case it is critical for a landowner to seek legal advice immediately.
If land is to be acquired with a landowner's agreement, it is critical that the landowner/s understands their legal rights so as to be able to negotiate a fair and equitable outcome and to ensure that the compensation they receive is adequate to reflect the loss of part or all of their property.
It is common that tough and technical negotiation is required to achieve this, and the outcome for the landowner may differ greatly depending on their representatives persuasiveness and skill during the negotiations.
If land is to be acquired without a landowner's agreement, it is critical that the landowner/s understands their legal rights so as to be able to take the necessary and appropriate steps in the circumstances.
These steps might include:
making a written objection to the proposed resumption within the strict time frame permitted;
making a claim for compensation to reflect the loss of part or all of the property;
negotiating an alternative resolution with the constructing authority; and/or
contesting disputed compulsory acquisitions through tribunal and/or Court processes.
It is critical that the necessary steps are taken by a landowner as and when required and that a landowner is informed with all relevant information so as to be able to make educated decisions about their position.
Failure to take appropriate steps in the strict time frames required may lead to a loss of a landowner's rights and could have a significantly detrimental effect on their position.
Important information relating to compulsory acquisitions can be found at the Queensland State Development website by following the State Development Website Link.
How we can help
Our team is experienced in acting for landowners in compulsory acquisition matters against authorities from governments to public utilities providers.
Led by 1 of only 29 accredited specialists in property law in Queensland, our team have the expertise and technical edge to ensure that your rights are protected and to give you absolute peace of mind.
We can assist you whether your land is being acquired with, or without, your agreement by staunchly defending your rights and advocating for the best outcome possible in your specific circumstances.
Get the specialist edge and contact our expert team today.
Our Legal Practitioner Director, Simon LaBlack, is one of only 29 Accredited Specialists in Property Law in Queensland. He acts as a Court-appointed statutory trustee for sale and consults to other law firms on complex property related matters. He has extensive experience in Property Law in Queensland having personally handled thousands of Property Law matters. He has led multiple teams consisting of lawyers and paralegals, with a specific focus on the training of legal staff and the implementation of effective systems and processes to improve outcomes for both his clients and his team.
Important Disclaimer: The material contained in this publication is of a general nature only and is based on the law as at the date of publication. It is not, nor is it intended to be, legal advice. If you wish to take any action based on the content of this publication, we recommend that you seek professional advice.