Compensation for land resumption
In Queensland, the Acquisition of Land Act 1967 allows state and local governments to take privately held land (i.e. freehold land) for public works and public purposes, such as roads, railways, schools, parks, etc.
They may acquire land through negotiation with the landholder or a compulsory acquisition process, known as land resumption.
The compulsory process commences with the relevant government authority (the constructing authority) serving a ‘Notice of intention to resume’ showing the location and area of the land required.
Objecting to the resumption
If you have been served with the ‘Notice of intention to resume’, you have a right to object and appear at a hearing before government representatives.
Objections are referred to the minister for consideration with an application that the land be taken.
If there are objections, the minister refers the application to the governor in council for approval.
If there are no objections, the minister may consider the application rather than refer the matter to the governor in council.
If the decision is to proceed with the acquisition, a gazette notice is published and you receive a copy. The date of the gazette notice is the effective date of the land’s acquisition by the constructing authority.
Once the gazette notice is published, you may make a compensation claim.
Make the compensation claim in writing and serve it on the constructing authority within three years after the day the land was taken (i.e. the date of publication of the gazette notice).
The constructing authority organises a valuation of the land and makes an offer of compensation.
If you agree to the offer, they will arrange settlement.
If you don’t agree to the offer and negotiation fails to resolve differences, either party can refer the compensation issue to the Land Court for hearing and determination.
Referring a compensation claim to the Land Court
Refer the issue to the Land Court by filing a Form 1 - Originating application in the Land Court registry.
Your originating application must include the following:
- a copy of your claim for compensation, which was delivered to the constructing authority
- a copy of the ‘Notice of intention to resume’
- a gazette copy of the gazette resumption notice taking the land.
Once you have filed your claim in the court, you can’t amend it except with the court’s permission.
Serve a copy of your originating application (including all attachments) on the constructing authority as soon as possible after filing it.
Note: There are no fees for filing this form.
What happens next
The Land Court writes to you within 10 business days with notice of a directions hearing before the president.
At the directions hearing, a timetable is set for the conduct of your matter, including a hearing date. You may be ordered to attend court-supervised mediation to try to resolve your matter or at least narrow the issues in dispute.
You must comply with the directions order and be prepared for the final hearing.
Contact us if you have any queries.