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Property Resumption Claims

Property or land resumption can be difficult and stressful to come to terms with. When the government provides an offer for your property or part of your property, it can be hard to know where to start or what to do.

Discovering that your property has been earmarked as the new site of a road or railway project can be alarming. It’s important to seek legal advice as soon as possible so as not to jeopardise your legal entitlements to seek fairer compensation. If you don’t act within the legal time limits, you may lose the opportunity to do so.

Many thousands of Australians are affected by the resumption of property for the use of government projects that includes highway construction, widening of roads, new electrical lines and rail lines. Shine Lawyers understands the emotional and financial impact land resumption can have, especially if you own agricultural land.

As experienced lawyers, we can work with you to help you understand exactly what you’re entitled to within the legislation and to help you pursue the compensation you are entitled to under the law.

Inland Rail Project

The Inland Rail Project is a proposed 1,700km rail line from Melbourne to Brisbane. The project is expected to touch many hundreds of properties in NSW and Queensland where land will be required to develop the alignment.

For most sections of the Inland Rail route in Queensland, formal gazettal of lands to be acquired has not yet happened. Among other stages in the process, the EIS process will first need to be finalised and that is expected to occur later this year (but could be extended).

If, in the future, you are approached regarding the private sale or compulsory acquisition of your land for the Inland Rail, it’s vital that you obtain legal advice as soon as possible so as not to jeopardise your legal entitlements to seek fairer compensation. Shine Lawyers can assist you to pursue your compensation entitlements under the law.

Common Questions

Property resumption is when a government agency takes the whole or part of your land for use for particular purposes, such as construction of roads, tunnels and public transport stations.

When this happens, the government agency provides an offer for the land to be resumed to the owner or person with the legal interest.

Property resumption claims don’t just have to be for land above the ground. In some circumstances it is possible to lodge a claim for compensation where land under the ground is resumed, for instance because of the construction of a tunnel.

It’s important to seek legal advice as soon as possible to make sure you get the offer and compensation adequate for your individual situation.

You may have a property resumption claim if you have a legal interest (such as owner or tenant of premises where a business is carried out) in the land due to be resumed.

The state, federal and local government all have power to resume land.Private individuals and companies do not have power to resume land.

You will receive a notice from the government agency which intends to resume the property.

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.

It is possible to object to the resumption of your property, if you believe 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 is obliged to pay all compensation costs associated with land resumptions.

If you seek legal help, any legal cost associated with the land resumption will be included in your compensation claim and will be paid by the government agency.

You can lodge a claim as soon as your land has been formally resumed. You will be notified by the relevant government department when this has occurred.

Compensation is assessed based on the market value of your property at the date you were notified your property was to be resumed.

Additionally, you may also be entitled to claim compensation for a number of other costs that you may incur because of the resumption, including stamp duty, borrowing costs and moving costs.

If you operate a business from land which is to be resumed (whether you own or lease the premises) you may be entitled to compensation for the impact on your business. You may be entitled to payment of relocation costs, or compensation equivalent to the value of the business.

Generally, most government agencies will make an offer of compensation to you as soon as you have lodged a claim for compensation. You should obtain legal advice when you receive an offer to ensure that it covers all the compensation you are entitled to claim.

The costs of obtaining legal advice must be paid by the government agency.

If you are not satisfied with this offer, you may enter into negotiations with the government agency either individually or by engaging a solicitor.The costs of engaging a solicitor to undertake these negotiations must be paid by the government agency.

If you chose to accept the offer, settlement will be arranged. You will be required by the government agency to sign a deed before you receive your compensation. You should obtain legal advice about the contents of that deed.

If agreement cannot be reached through negotiations, either party may ask the Land Court to independently determine the compensation to be paid.

You must lodge a claim for compensation within 3 years of your land being resumed, but its best to seek legal advice as soon as possible.

The government agency is required to pay your reasonable legal costs in obtaining legal advice.

Many lawyers will require you to pay legal fees up front, and you will be reimbursed those costs as part of your compensation payout. In appropriate circumstances Shine Lawyers is able to receive payment of its fees from your compensation payout, ensuring you are not out of pocket in the meantime.

How long a claim takes will vary from case to case, ranging for weeks to years. Starting negotiations as soon as your claim has been lodged, including attending an early settlement conference, often helps you to receive your compensation earlier.

You can request an 'advance’ on your compensation any time after you have lodged your Property Resumption Claim.

If you are suffering “hardship”, you can request the government agency purchase your property early.

Where you are located isn't necessarily a barrier when it comes to obtaining the services of a lawyer. We're experts when it comes to property resumption claims and we can help you get the compensation you deserve.

It doesn't matter if you are located close or far away from a Shine Lawyers office - we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.

Our compensation experts are in the following locations:

Shine Lawyers are property resumption legal experts that can help you get the compensation you need. Click on the links below for more information about how Shine Lawyers can help you today.

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