Compulsory Land Acquisition
Have you received a notification that the State Government or a local Council will be taking all or part of your land? Did you receive an unsatisfactory offer from the State Government or a local Council for your land? Have negotiations failed to deliver acceptable land resumption conditions? You need a legal team that will help you to settle out-of-court or fight to the end.
As a landowner, you have the right to dispute the resumption and receive fair and reasonable compensation for any land being acquired.
Quinn & Scattini Lawyers have assisted clients to reach favourable outcomes in compulsory land acquisition matters across South-East Queensland on a DEFERRED-FEE basis.
Compulsory Land Acquisition Team
With a large number of projects scheduled, the State Government will continue to acquire land by compulsory acquisition. A full list of State Government projects can be found here – https://www.tmr.qld.gov.au/Projects.
In Queensland, the Acquisition of Land Act 1967 allows state and local governments to take privately held land for public works and public purposes, such as roads, railways, schools and parks.
If you are an affected landowner you will receive an intention to resume notice. If you have an objection to the resumption there is a process to object which includes lodging a formal objection. You can also opt to attend a hearing. We recommend you seek legal advice before you submit any objection to ensure the objection is accurate and complete.
After the objection is considered, a decision will then be made to:
- not proceed with the resumption,
- adjust the notice to resume a different or lesser area, or
- proceed with the resumption in its current form.
Right to Compensation
Once the notice to resume the land has been published, the State Government or Council owns the land. Landowners then have 3 years to make a claim for compensation. Compensation covers a range of items such as land value, damage caused by resumption and any disturbance costs.
Compensation Offer Dispute
If you do not agree with the amount of compensation offered you can enter into negotiations with representatives of the government with a view to reaching a settlement. Our team are strong, experienced negotiators and can represent you to make sure you receive the best offer.
If no agreement can be reached after negotiations, you can take your dispute to the Land Court. It is rare for disputes to reach this point. But if court is unavoidable, we will assist you to fight to the end to get the best outcome for you.
Did you know… if you engage a lawyer to assist you with your claim you can have your legal fees reimbursed as part of your compensation payout?
Why Do I Need A Lawyer?
Quinn & Scattini Lawyers are expert negotiators and litigators who will assist you to get a fair result. They will make sure your compensation claim is strong and your offer is for the right amount. As each case is different, Quinn & Scattini’s Commercial Litigation Team will take the time to listen to your issues and then tailor a plan to ensure you have the best course of action for your compulsory land acquisition dispute.
How We Can Help
When it comes to your land and your rights, you need lawyers you can rely on. Our expert team are strong and experienced negotiators and litigators. Combined with fierce court representation, this means only the best outcome will be achieved for our clients. Our lawyers will aim to settle out-of-court or fight to the end, whatever it is you wish to do.