Land and property resumptions
If you want to find out if the department requires any part of a property for transport or road projects, you will need to conduct a property search. Information on how to do this is found on the property searches page.
If you have received advice that any part of your property may be required, below is some useful information on the procedures for resuming land and matters relating to compensation.
Land resumption frequently asked questions
Q: Can I object?
A: The Notice of Intention to Resume will outline the procedure to follow if you wish to object. Your objection must:
- be in writing
- be made within the time specified in the Notice of Intention to Resume
- state your grounds for objection with supporting details (the Act states that matters relating to the amount of compensation to be paid are not grounds for objection)
- state whether you also wish to be heard in support of your objection; you may appear at the objection hearing and/or be represented by a solicitor or other agent
Q: How long will the resumption process take?
A: This will depend on things such as the number of objections and the time taken to gain approvals. However, as a guide, the resumption process normally takes approximately three to six months from the time a Notice of Intention to Resume is issued.
Q: Is the land taken from me as soon as I receive a Notice of Intention to Resume?
A: No. As it states, it is a notice or letter giving notice to an owner that the resuming authority intends to resume property. The landowner who receives a Notice of Intention to Resume does not have to move out and the property is not resumed at this stage. The landowner has the right to object, have the objection heard and have the proposal considered by the Minister. Only when it passes all these steps and the Taking of Land Notice is published in the government gazette is the land actually resumed. The Taking of Land Notice is then forwarded to all parties with an interest in land.
Q: On what grounds can I object?
A: In the past, objections have been based on issues such as; the need for the project, the location of the infrastructure, access after the project is finished, noise issues, and any other issues that landowners see as affecting their property. Under the Acquisition of Land Act, compensation is not a valid objection issue. If resumption is necessary, the effect the resumption has on the value of the property will be taken into account in the compensation process.
Q: What is the process after the objection period?
A: After your objections have been considered, it is up to the officer who heard the objections to make a recommendation to the Minister. In these instances, objections are considered and the final decision is made by the Minister as to whether to proceed with the resumption.
Q: What consultants should I engage?
A: If you were engaging a consultant to help you object against a project, these fees are your responsibility and will not be paid by the department. When it comes to negotiating compensation, it is quite appropriate to engage a valuer and legal assistance. In this regard, reasonable fees incurred will be refunded in the overall settlement package. In some cases more consultants may need to be engaged and owners will need to discuss this matter with the department's Property Officers before proceeding.
Q: Will my objection be considered?
A: Yes, all objections will be considered by an authorised delegate of the Constructing Authority who is usually a senior member of the project team or the regional office. If the project continues, your objection will be assessed by the constructing authority for a decision to:
- proceed with the resumption
- proceed to acquire an amended area
- proceed with an amended project without resumption from the subject property.
Q: Can I claim compensation?
A: You can claim compensation if you have a legal interest in the land taken (for example, if you are the owner, lessee or licensee). Under the Acquisition of Land Act, a claim for compensation must be served on the department within three years from the day the Taking of Land Notice is published in the gazette.
Q: How do I claim?
A: If you have a proprietary interest in the land, you will receive a copy of the gazette notice and a compensation claim form to complete and return to Transport and Main Roads. You may engage a registered valuer and/or solicitor to prepare and lodge your claim. Reasonable fees incurred in the preparation and lodgement for your claim will be reimbursed as part of the overall settlement of compensation.
Q: Can I obtain an advance payment against compensation?
A: Yes. Following publication of the gazette notice and after your claim has been lodged in accordance with the Acquisition of Land Act, you can apply for a payment of an advance against compensation at any time. Payment of an advance does not in any way affect your right to negotiate additional compensation or to have the matter independently determined by the Land Court should we fail to reach a negotiated settlement.
Q: How is compensation assessed?
A: Assessment is based on the market value of the property (or your interest in the property) at the date of the gazette notice in accordance with the Acquisition of Land Act. Transport and Main Roads will have the property independently valued and our property officer will then contact you to discuss compensation.
Q: When is compensation paid?
A: An offer of compensation will be made, usually after you have made a claim. The offer amount is formulated following careful consideration of all information available. If you are satisfied with the offer, settlement will be arranged.
If you choose not to accept the offer, your Property Officer will arrange a conference with you with a view to resolving differences in an open and conciliatory manner. If agreement on compensation cannot be reached, either party can refer the matter to the Land Court for an independent determination.
Q: What about GST?
A: Compensation payments made as a result of the resumption of property do not attract GST.
Q: What if I have a mortgage?
A: The mortgagee is entitled to be paid the compensation (to the extent of the amount owing) unless the mortgagee agrees otherwise.
Q: What happens to my title?
A: Transport and Main Roads will attend to the correction of the title for the remainder of your land, to reflect the new boundary, at no cost to you.
Q: Can I sell to Transport and Main Roads before resumption starts?
A: You may experience hardship or difficulty in selling your property if the land has been identified as part of a future transport corridor. If this applies to you, you may wish to discuss the matter with your local Transport and Main Roads’ offices. Please visit the regional contacts page for contact details.
Find out more information about the resumption of land.
The department’s Property Officers will be pleased to assist if you have any queries on resumption matters. Please phone 1800 806 414 (toll free) for further information or for a hard copy of the brochure.
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