We urge any potentially affected property owners to seek professional advice (valuation and legal) as soon as they become aware that a resumption might occur. Our first consultation is free.
Please don’t be mislead by some of the shoddy negotiation techniques often utilised by resuming authorities into minimising fair compensation, particularly if encouraged to settle your claim early when the full impacts are not always known.
You are entitled by law to have professional valuation and legal advice costs included in the resumption compensation. These costs can be funded by advance payments to ensure you are fully informed and protected. Anyone who has an interest in the property such as tenants /lessees may have a right to make a claim. We have decades of experience in resumption compensation. Whether it is a partial or total resumption, easement or another interest, our acquisition experts are specialised and experienced. We provide valuation advice for purposes including acquisitions for roads, transmission line easements, pipelines, rail corridors or public infrastructure.
For most, a property resumption (compulsory acquisition) is a traumatic experience. The iconic Aussie movie “The Castle” is a credible portrayal of the shock and anguish felt by most disposed owners. The movie had a fairy-tale ending, however the reality is that most government agencies have powers to compulsory acquire / resume part or all of a property without owners’ consent.While you may own your land in Freehold, this is not the highest level of ownership available. The State Government holds higher Title over all land in right of the Crown and can take back your land or parts of it to meet public needs.
Resuming authorities will often notify an owner of their requirements prior to issuing formal notices. Many will attempt to reach a settlement through a negotiated private treaty. If this is not successful most will proceed to issue formal notices such as a Notice of Intention to Resume. Sometimes a government agency may express an interest in acquiring land in a location for a particular infrastructure development without disclosing the details of the proposal. This can leave potentially affected owners in a shadow of resumption limbo where the sale-ability of the property is immediately reduced but there are no formal avenues available to seek compensation. In some cases owners can apply under ‘hardship’ provisions.