While the term “forced land acquisition” may paint a picture of authorities swooping in one dark evening to take over your land, there is an actual process that unfolds as part of the acquisition.
The Process of Land Acquisition/Resumption
Notice of Intention
If a “constructing authority” has planned a compulsory acquisition of a portion of your land, the first step will be to contact you directly with a Notice of Intention. If you agree with the constructing authority regarding the acquisition, the land is taken effective from the date of the notice published in the Queensland Government Gazette. It’s that simple.
What land can be resumed?
This is the interesting part. Land with any type of tenure (including freehold) can be resumed by the Coordinator-General. That includes all or just part of a property, an easement over a property (for power lines, as an example), the native title rights and interests to a property, and resource interests.
Open market land is also subject to purchase
From time to time, properties that enter the open real estate market are purchased by the Coordinator-General. While this is not a normal practice, it does happen. However, the land purchased by the Coordinator-General has to be if the land has been chosen as the best location for a specific public project, need, or purpose such as a new hospital or utility substation.
Who is affected by compulsory acquisition QLD?
Generally, any party with an interest in the land will experience an impact by forced land acquisition. This can be the landowner, the easement holder, a leaseholder, the mortgagee, a native title holder, or a resource interest holder.
Contesting a Land Acquisition/Resumption
But what if you don’t agree with the proposed acquisition?
According to the lawyers at GKS Law, your commercial property conveyancing lawyers, you can object.
Making An Objection
You have the right, as the landowner, to object to the acquisition. However, there are a few steps you must follow. The objection must be in writing. It has to be made within a certain timeframe and contain supporting details for the objection. Essentially, you have to be able to prove your case against the acquisition. Finally, your objection must indicate if you wish to speak in person to the constructing authority to support your stand.
Why You Would Object
There are several different reasons why you may choose to object to forced land acquisition. You may feel that the proposed project would be better off in a different location. Or maybe, you sense that the proper procedure was not properly executed. Your objection has to be related to the proposed resumption and not about how much you will be compensated. It has to be a logical, realistic objection.
Appearance
You have the option to appear in person at the main roads land acquisition hearing and/or be represented by one of GKS Law’s conveyancing solicitors in Redcliffe. Following consideration of your objection, the resumption either stops or continues. Or, possibly, the notice of resumption gets amended. That being said, if the constructing authority is certain it still needs your land, they can follow up by applying to the relevant ministry office for the land to be taken.
Proceeding with the Land Acquisition/Resumption
Land Resumption Compensation
The upside to this process is that if you are the owner, lessee, or licensee of the land, you can claim compensation. Your claim must be in writing and engaging a conveyancing solicitor from GKS Law would be a good idea. Your claim must happen within three years of the day the notice appears in the Queensland Government Gazette.
Compensation Assessment
There is a formula used to calculate your compensation amount from a compulsory acquisition QLD. The amount comes from the market value of your property on the date the notice appears in the Gazette. A valuer assesses the market value of the land taking into account fixed improvements. After this process ends, you will
receive an offer of compensation. If you like the offer, the agreement will be drawn up and arrangements will be made to settle.
What if you don’t agree with the settlement offer? Well, that means the matter will enter into negotiations. If that doesn’t result in an agreement, a Land Court will hear the case and make an independent decision. That is usually final and with representation, you have a chance of coming out ahead.
In Conclusion
Your property could be part of a forced land acquisition. Fortunately, there is a process that protects you and even provides compensation. To be sure that you have a claim, the personal injury lawyers at GKS Law in Brisbane can help.