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.
“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’.”
He said anyone who received a resumption notice should seek legal advice.
“The first step is to respond to the the authority and say, ‘Well, I need to get advice — do you confirm agreement to pay or reimburse or reasonable costs’,” Mr Neil said. If the authority says no, say:
‘Go through that formal process. Until you start that formal process don’t bother talking to me’.”
Read the full article regarding Land Resumptions in Caloundra impacting small business on ABC News.