Readers of our newsletter may recall that in our September 2015 edition I confirmed that many of our clients had received Notices of Intention to Resume land required for the Mackay Ring Road from the Department of Transport and Main Roads (“DTMR”).
DTMR has now resumed the land by publishing the relevant Taking of Land Notice in the Queensland Government Gazette on 12 August 2016.
If your land (or a part of it) was taken on that date you no longer own the resumed land.
If the land is not needed immediately by DTMR for construction of the road then you can try and negotiate continued use of the of the resumed land pending DTMR requiring it for construction. In some cases DTMR will allow the continued use of the land including for farming, however they will usually require a Road Corridor permit to be applied for and issued.
A claim for compensation must be made to DTMR within 3 years. That is by 12 August 2019. There are limited circumstances to obtain an extension of that time.
Compensation will be assessed using market values as at 12 August 2016.
Compensation includes:-
- The value of the land taken (market rate as at 12 August 2016);
- Loss of value to your remaining land as a result of the resumption;
- Removal and storage in relation to your relocation;
- Costs associated with the purchase of a replacement dwelling/sheds etc. including legal fees and stamp duty;
- Fresh connection fees to services (such as electricity and telephone);
- Loss of profit from the interruptions;
- Any other economic loss and costs you incur because of the resumption; and
- Reasonable legal fees and valuer’s fees
Ordinarily the first step to assess your compensation claim is to properly brief a valuer with relevant evidence and obtain a report from the valuer assessing the compensation. The choice of your valuer is important.
Once the valuer’s report is obtained, your claim is finalised with our advice and given to DTMR.
DTMR will usually obtain a valuer’s report themselves. Negotiations are likely to then to take place to try and negotiate a settlement of the compensation payable by DTMR, especially if there is a difference in the valuers’ opinions in particular.
If the amount of compensation cannot be agreed you must apply to the Land Court for a judicial determination after a trial and all the evidence is heard (including by you and the valuers).
After your claim is initially made you can seek an advance payment of your compensation from DTMR which is deducted from the final settlement sum or Land Court judgment.
Conclusion
If you have lost land to the State for the Mackay Ring Road you should see us now for expert guidance to finalise your compensation claim on the best terms that can be achieved. The same advice applies at any time in the future to resumptions from any other authority such as your local council.
