Is your land being resumed?

Did you know that a ‘constructing authority’ (such as the Council or State Government etc.) has the power to ‘take’ privately owned land to provide services and community amenities like parks, schools, hospitals, and roads.

You may receive a notice of intention to resume (and often some prior informal correspondence) if you own land that a ‘constructing authority’ wants for such a project.

One such project that has lately gained attention is the Pioneer-Burdekin Pumped Hydro Energy Storage project.

This project is expected to result in about 80 properties in the lower and upper reservoir zones – including 54 homes – being partially or wholly taken by the State Government.

Media reports indicate that community consultation in relation to this project has commenced – in our view this means it is critical for landowners to seek legal advice immediately.

Generally speaking, under the Acquisition of Land Act 1967, landowners in compulsory acquisition matters can access specialist legal advice and obtain other appropriate expert advice from valuers, town planners, financial advisors etc. and have these professional fees covered by the constructing authority.

The earlier a landowner does this the better.

Section 20(2A) of the Acquisition of Land Act 1967 provides that, in assessing compensation, the constructing authority does not need to take into account interests in the land that are created/recorded after a Notice of Intention to Resume is issued.

The takeaway message – seek advice before it is too late!

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 25 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.

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, and is not intended to be, legal advice. Do not take any action based on the content of this publication without seeking legal advice on your circumstances.