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ARTICLE · 24 AUGUST 2021

Land resumption: Your objection and compensation rights.

Knowing your legal rights to fair compensation is essential for anyone affected by a proposed resumption of property.

AustraliaReal Estate and Construction

Receiving notice that your property is intended to be resumed by the Government (Federal, state or local) to allow a development or public infrastructure to proceed can be stressful, particularly if the property being resumed is a long-held family home or a business that has relied on location as part of its business model.

Knowing your legal rights, and knowing your rights to fair compensation are essential for anyone affected by a proposed resumption.

Also called "acquisition" under the Acquisition of Land Act (Qld) 1967, resumption of property (part or all of your land and house, including an easement or driveway) can only be done by a government authority for a public purpose (eg a road, a rail line, a hospital, urban planning or public works) or for works incidental to a public purpose. Land can be resumed with or without your consent, and strict time limits apply if you want to object to the proposed taking.

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