To ensure that you understand your rights the compulsory acquisition legislation requires that the resuming authority pay for your legal costs.
SERVICES
RESUMPTIONS/COMPULSORY ACQUISITION
Bruce Sargent has assisted many landowners, tenants and licensees to achieve maximum compensation as a lawyer and previously as a registered valuer.
It is important that you if receive notice of intention to resume (NIR) you immediately contact an experienced solicitors to ensure that your rights are properly protected. You only have 30 days from the date of the NIR to object. If you do not object you are only entitled to compensation.
Compensation can vary widely depending on the skill and experience of the person negotiating on your behalf. Having a thorough understanding of legislation and valuation principles and methodology is vital in achieving the highest compensation available.
How does the compensation process work?
After the 30 day objection period has lapsed, the resuming authority must within 12 months of the NIR to publish a “Taking of Land Notice” in the Queensland Government Gazette. You are then entitled to claim compensation within 3 years of the taking of land notice been published.
To ensure that you achieve the maximum compensation it is important that you engage a suitably experienced registered property valuer to work alongside your lawyer. Compensation is generally made based on market value, and the highest and best use of the land.
What can you claim?
In addition to compensation, you can claim the following disturbance costs:
If you are unable to negotiate an agreement on compensation you may choose to challenge the resuming authority’s offer in the Land Court.