We assist landowners in situations where their property is being resumed for public purposes.
As a result, this can impact on their enjoyment of their property and lead to a decrease in the land/business value. Many people find this a traumatic process. All of a sudden, their property, through no fault of their own, has been earmarked for resumption.
Land resumption is where Local, State or Federal Government are able to apply to resume part or all of your land for public infrastructure purposes. For example, it can be acquisition of an easement for power infrastructure purposes, it can be for transport purposes such as roads or rail or for public access or mining purposes. There is a strict legal process that government must follow. There will also be a significant consultation process before a decision is made to acquire land.
Steps to land being resumed.
Step 1:
The owner is issued with a notice of intention to Resume (NIR). Every owner whose property is the subject of a resumption will receive one of these notices. If you have not already, it is at this stage that it is vital that you seek independent legal advice in relation to your rights to object and to maximise the chances for receiving a satisfactory resumption outcome. At this stage you have a chance to object on limited grounds or alternatively to a accept the notice of intention to resume.
What will happen next if there is no objection is there will be a ‘Taking of Land Noticed’ published by the constructing authority. This is a significant document because at this stage the ownership of the land the subject of the resumption will pass to the constructing authority.
From this date the landholder is entitled to claim compensation for the loss of the value of the land. Owners have 3 years in which to bring a claim for compensation.
Step 2:
Claiming Compensation. The claim for compensation must be in writing. We also strongly recommend that you engage a valuer and a lawyer to assist you at this stage. Claiming compensation for land is aspecialised process. You should also be aware that you are entitled to recover reasonable legal and financial fees for advice in relation to assisting to prepare and file the claim for compensation. This can be a more detailed and difficult process if the property involved is a commercial venture. For example rural or primary producers compared to a residential property.
In most situations the Government will make you an offer. It is vital that once you receive the offer that you seek legal advice to determine if the offer is fair and reasonable and covers all heads of damages you are entitled to.
Initial consultation.
In order to give you the best legal advice, we need to hear your story. We realise it is important that you feel comfortable sharing your story. We are happy to meet with you at a place and time suitable for you. We can meet face to face, by Zoom, Teams or telephone. There will be no charge for the initial consultation if you decide not to proceed with a claim.