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ARTICLE · 17 AUGUST 2023

Don't "jump the gun" on land resumptions

Property owners or tenants should expect a formal process to resume their land, before abandoning property prematurely.

AustraliaReal Estate and Construction

Lawyer Ian Neil, who has handled land resumptions for decades, said recent rapid growth in south-east Queensland had meant a "flurry of activity" involving various government departments acquiring land and properties for infrastructure.

"The last two or three years the authorities have, rightly or wrongly, notified property owners of intentions to take property ... but that's not a formal process," Mr Neil said.

"It's important to find out whether or not a formal notice of intention to resume was issued.

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"If the property owner or tenant jumps the gun to such an extent that they've abandoned their tenancy and acquired another property, then the constructing authority can say 'well you've done that prematurely and we don't have a legal obligation to reimburse the costs incurred'."

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