Queensland land acquisition.

Queensland is currently undergoing major priority upgrades and extensions of road, sewer and train infrastructure. The upgrades are budgeted to occur in scheduled stages spanning over 2018 to 2025.

To accommodate the infrastructure upgrades, local and state government are issuing written notices of intention to resume land or give advance notice of an intention to resume land.

Notices and timing

Taking of the land is effective from the date the notice is published in the Queensland Gazette unless you object to the notice.

Determining the scope of damages resulting from government's upgrades and extensions is complicated and requires legal knowledge and experience in this area. This is especially so when procuring evidence in support of your claim under the Act to determine your damages.

Highest and best use

Obtaining evidence of the Highest and Best Use of your land can only come from an independent qualified Town Planner — with the requisite skills and experience in providing this expert evidence.

Accepting government evidence on its face value can be hazardous unless you are certain the origin of that evidence is genuinely impartial and objective.

What you can claim

The Act provides you with a wide scope to claim damages — however, your evidence must clearly support your claim.

It may be the case you are entitled to claim damages under the Act based on:

• Reasonable economic losses including loss of profits (subject to the connection of damages to loss);
• Severance damages where part of the land is taken;
• Disturbance costs reasonably incurred as a result of the resumption.

That said, it is important to note all claimants under the Act have a continuing obligation to mitigate their loss and must take all reasonable steps to avoid incurring further loss.

If you have received a notice of intention to resume — or you suspect you might — give us a call before you respond.