If you have received a letter from the Department of Transport and Main Roads (TMR), identifying your property as being impacted by the proposed Logan and Gold Coast Faster Rail Project (Project), contact us today to have a chat about your options.
The compulsory acquisition process can be stressful and complex. Our specialist lawyers aim is to eliminate both the stress and complexity in the acquisition process while ensuring you remain in the best position possible to achieve a highly satisfactory outcome.
I’ve received a letter from the Department and Main Roads, what should I do?
Engaging a lawyer early on in the process will ensure that your interests are protected right from the start. Your reasonable legal fees to prepare and lodge a compensation claim are reimbursed by TMR as part of the overall compensation payout.
The first official step in the process – the Notice of Intention to Resume
TMR can only take ownership of your land by following the legal process set out under the Acquisition of Land Act 1967. Compensation for the loss of your property and any impacts you experience as a direct result of the acquisition must be paid to you.
The resumption or compulsory acquisition process formally starts once you receive a Notice of Intention to Resume.
At the moment the Project is still in its preliminary planning phase. TMR is currently undergoing community consultation to hear what the community has to say about the Project before the compulsory acquisition process officially commences under the Acquisition of Land Act.
Every landholder whose land is wholly or partly included in the Project zone will receive a Notice of Intention to Resume.
Once you have received the Notice of Intention to Resume the resumption or compulsory acquisition process has officially started. You will have 30 days to lodge an objection to the Notice of Intention to Resume.
We can assist you with drafting an objection to the Notice of Intention to Resume and represent you at the objection hearing, should one be held.
Following consideration of the objection, TMR will make a decision as to the taking of your land for the Project. You do not need to object to the Notice of Intention to Resume.
You are not required to do anything to accept service of the Notice of Intention to Resume. Once the objection period has passed and no later than 12 months from the date of the Notice of Intention to Resume, the Taking of Land Notice must be published in the Government Gazette.
The publication of the Taking of Land Notice in the Government Gazette is an important step in the process as it is from this date that the ownership of your property is transferred to TMR. It also sets the date at which the value of the land is assessed.
The trigger for making a claim for compensation is the publication of the Taking of Land Notice in the Government Gazette. The claim for compensation must be made within three years from this date.
Claiming compensation and what you may be entitled to claim for can be complex. We recommend that a lawyer and valuer are engaged to assist you with your claim for compensation. All your necessary reasonable costs incurred as part of preparing and filing the claim for compensation are payable by TMR as part of the compensation payout.
There are many factors that will influence the amount of compensation that you are entitled to.
If your property is affected by the Logan and Gold Coast Faster Rail project, please contact either, Sarah Day, at [email protected] or Scott Eustace, at [email protected] or phone 3439 8880 to discuss your options.
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