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Property Resumption Compensation Claims

Discovering your property has been earmarked as the site of a new road or railway project can be alarming. It’s important to seek legal advice from a property and land resumption expert as soon as possible to ensure you understand your full compensation entitlements and legal rights.

Thousands of Australians are impacted by compulsory acquisition of their land (also known as ‘property resumption’ or ‘land resumption’) for government projects such as highway construction, widening of roads, power lines and railway lines.

We understand the emotional and financial impact land resumption can have on people. Our team of experienced Landholder Compensation Lawyers can help you understand exactly what you’re entitled to under land resumption laws and help you to negotiate the best possible outcome for your circumstances.

Do I have a Property Resumption Compensation Claim?

You may be able to make a property resumption compensation claim if you have a legal interest in the land being resumed (for example, if you are the owner of the land or a tenant of premises where a business is run).

What are my land resumption compensation entitlements?

In general, your compensation is assessed based on the market value of your property at the date you were notified.

Depending on your circumstances, there are a number of other things you may be able to claim compensation for:

What can I claim compensation for?

If the land under the ground is to be resumed
(e.g. for the construction of a tunnel)
Costs you incur as a result of the acquisition
(including valuation, stamp duty, borrowing costs, moving costs and legal costs)
Decrease in the value of your land
Disadvantage to you or your business resulting from relocation
Business loss
Decreased income
Increased noise due to the project
Allowing access to your property

There are strict time limits to claim property resumption compensation, so it is important to seek legal advice as soon as possible.

Shine Lawyers – your Property Resumption Claims Experts

Our team of Landholder Compensation Lawyers are experts in negotiating property resumption claims for landholders. We have a proven track record of helping landowners to achieve the best possible outcomes.

We are experienced with navigating the legal complexities of compulsory acquisitions and understand the connection you have to your property, beyond the bricks and mortar. Our team will be with you through each step of the process, to reduce the stress of negotiations and provide expert advice to help you receive the maximum compensation.

Contact our land dispute experts today to arrange a free 30-minute consultation to discuss your circumstances further.

Coffs Harbour Bypass

If your property has been impacted by the Coffs Harbour Bypass development, we can help. Read about how we are helping landowners affected by the Coffs Harbour Bypass Property Resumption Compensation here.

Common Questions

Property resumption (or compulsory acquisition) is when a government agency or authorised private enterprise takes the whole or part of your land to use for purposes, such as construction of roads, tunnels, electricity lines and public transport.

The government agency (or authorised private enterprise) will notify you of their intention to resume the land, and how much they are offering to compensate you for your land but often they will do that in exchange for you simultaneously telling them how much you want. You have the right to negotiate this offer.

We strongly recommend that you seek expert legal advice prior to making any formal agreements so that you ensure you receive your full entitlements and maximise the compensation you deserve.

Local, state and federal governments all have power to resume land. In some circumstances some private enterprises also have the power to resume land or have it resumed.

You will receive a notice from the government agency or private enterprise who intend to resume the land.

That notice will tell you whether the whole or part of the property will be resumed. If you receive a notice advising you that your property may be resumed, you should seek legal advice straight away to ensure your rights are protected.

Often you will receive early notice that your land may be resumed and there may be restrictions placed on your development of your land. You should seek advice on you becoming aware of this happening.

Before you buy land you should always consider checking to see if there is any impending acquisitions of the land or surrounding areas.

You have the right to object to the resumption of your property, if you can argue that the project can reasonably be completed without your land being resumed.

There are strict time frames for lodging an objection, so you should seek legal advice as soon as you are notified that your land is to be resumed.

The relevant government agency or private enterprise is obliged to pay all compensation costs associated with land acquisition.

We're experts when it comes to property resumption claims and believe that everyone is entitled to the highest standard of legal service, regardless of where they’re located.

Our team are willing to assist regardless of location and we can easily arrange an obligation-free virtual or in-person appointment at a location that is convenient to you.

We will always provide you with expert advice and manage your claim with the same level of quality and commitment no matter where we are or you are.

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