Receiving notice that the Queensland Department of Transport and Main Roads (TMR) intends to compulsorily acquire your property can be stressful and confusing. Whether it is for road upgrades, rail expansions, or other public infrastructure, it is important to understand your legal rights and options throughout the acquisition process.
What Is Compulsory Acquisition?
Compulsory acquisition allows government authorities to acquire privately owned land for public purposes, even if the owner does not wish to sell. In Queensland, this process is governed by the Acquisition of Land Act 1967.
What Are My Rights?
- Notification and Consultation:
You must be formally notified of the proposed acquisition. TMR is required to provide a Notice of Intention to Resume, which outlines the reasons for acquisition and the land affected. You have the right to object to the resumption within 30 days of receiving this notice. - The Right to Object:
Your objection must be submitted in writing, and you may request a meeting to discuss your concerns. Objections are typically reviewed by an independent officer, and recommendations are made to the Minister. - Right to Compensation:
If your property is resumed, you are entitled to just compensation. This includes:
- Market value of the land
- Legal and valuation costs
- Relocation expenses
- Disturbance costs (loss of business, disruption to lifestyle, etc.)
- Independent Advice:
You are entitled to seek your own legal and valuation advice, and TMR generally covers reasonable costs associated with this.
What Should You Do?
- Act quickly once you receive a notice.
- Document everything, including any communication and the condition of your property.
- Consult a lawyer with experience in compulsory acquisition. They can help assess whether an objection is worthwhile and negotiate fair compensation.
Understanding your rights and getting the right support can make a significant difference. Stand your ground, stay informed, and make sure your interests are protected.
