Ok. So, you’ve recently received a notice of intention to resume from a government or other authority, advising you that they will be compulsorily acquiring all or part of your land, in order to make way for some new infrastructure project or provision of a service. In our last update on this topic, we released what you can call a ‘beginner’s guide to compulsory acquisition’, which gives you a basic understanding of what it entails.
As highlighted in the update, there are an unprecedented number of major infrastructure projects being rolled out across Queensland. Unfortunately, for some of us, this means the reality of compulsory acquisition has just hit home. Receiving the notice may have left you with feelings of confusion, anger, frustration and hopelessness just to name a few – and trust us when we say, you are not alone! Depending upon the nature and extent of the resumption, it can be quite a stressful time to navigate. Seeking legal advice immediately can relieve some of your stress and expedite a resolution to these matters!
To stay in the loop and know where you stand, keep reading!
Am I entitled to compensation?
If you have an interest in the land being resumed (for example, you are the landowner, lessee or licensee) on the date the resumption notice is published or confirmed by the Government or other authority, you will be entitled to claim compensation. If you have any other type of interest in the land, contact us immediately to find out more about your compensation entitlements.
How much compensation am I entitled to?
Compensation will be assessed by the applicable authority and will depend on a range of factors. You will usually be presented with an offer of compensation shortly after the resumption has been agreed to or decided upon. If you do not wish to object to the resumption, you can then either accept the compensation offer or opt to kick-start the negotiation process.
The factors taken into consideration can be broken up into two groups:
The Value of the Land resumed
The authority resuming your land will usually arrange for your property to be independently valued by a registered valuer. You will be entitled to compensation for the value of the portion of land being resumed on the basis of the valuation conducted.
Disturbance Costs
In addition to the compensable land value of your property, you may also be eligible to claim compensation for 'disturbance costs' you have incurred as a result of the resumption of the land. These include:
legal costs;
costs relating to the purchase of a replacement property;
removal and storage costs; and
loss of profit or other economic losses resulting from the interruption to a business directly attributable to the resumption.
There are, of course, several other costs and factors that may be taken into consideration. It is common that tough and technical negotiation is required to achieve a fair outcome, which is why we recommend seeking legal advice immediately, so you can best protect yourself by knowing what you’re entitled to.
What if a compensation amount cannot be agreed upon?
If, after rigorous negotiation, an agreement cannot be reached, the matter will be referred to the courts for a decision. The court process is the last resort due to the high financial costs and time involved for all parties. It is uncommon for the matter to proceed to court, as authorities are usually willing to reach an agreement in the negotiation stage. However, engaging the right solicitor to assist you in the negotiation process will increase the chances of securing a favourable outcome and can help avoid the costly court process.
Why should I seek legal assistance?
Whether your land is being compulsorily acquired with or without your consent, compensation is always available. Having the correct legal representation will ensure that the compensation you receive is adequate to reflect your loss for all or part of your property. Seeking legal advice from the outset can save you significant costs in the future.
How we can help
We are experienced in acting for landowners in compulsory acquisition matters against authorities from governments to public utility providers. We also 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 us today.
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.
Article written by Simone Samuel