07 3555 6333Can the Government Take My Land? Understanding Land Resumption and Your Rights
The idea of losing your land to the government is unsettling.
Many Queensland property owners are unaware that under certain circumstances, the government does have the legal right to take land for public purposes, such as constructing roads, schools, or other infrastructure projects. This process is called resumption (also known as compulsory acquisition), and while it can’t be stopped entirely, property owners do have rights—including the right to compensation.
How resumption works
When the government needs land for public use, it must follow a legal process, including issuing a Notice of Intention to Resume. This notice informs the landowner of the government's intention and gives them the opportunity to negotiate or contest the decision. However, if the resumption proceeds, the government must compensate the landowner fairly.
How much compensation will you receive?
The amount of compensation you receive depends on several factors, including:
- The market value of your property at the time of resumption
- How long you have owned the property
- The extent to which the resumption affects the remaining use and value of your land
Unlike a standard real estate negotiation, where buyers and sellers can haggle over price, government resumption operates under specific rules. The government relies on valuations that must be supported by evidence, making it crucial for landowners to understand the valuation process.
What if you agree to the resumption?
If you agree to the resumption of your land, negotiations can take place before or after a Notice of Intention to Resume has been served.
Even if you agree to the resumption, the final compensation amount can still be negotiated later. However, if you accept the Coordinator-General’s (CG) offer of compensation, this amount will be included in the formal agreement.
The government typically prefers to reach an agreement with landowners rather than force a compulsory acquisition. That’s why engaging in negotiations with a clear understanding of your rights and the valuation process is essential.
What if you don't agree to the resumption?
If you don't agree with the resumption, you can formally object after receiving the Notice of Intention to Resume. Usually, you have around 30 days to lodge your objection and clearly state your reasons. The government must then consider your objection, which could lead to further discussions or adjustments to the initial plan.
However, objecting doesn’t always stop the resumption. The government can still proceed if it believes the project benefits the public. If this happens, your priority shifts to securing fair compensation. At this stage, obtaining expert guidance is crucial to effectively challenge the government’s valuation and protect your rights.
Key considerations in resumption negotiations
Many landowners assume that negotiating compensation for resumption works like any other property deal. However, this approach does not apply when dealing with the government.
Here are the three things you need to consider in negotiations:
- Government restrictions: Unlike private buyers, the government must justify its offer based on valuations and legal guidelines. They are not influenced by negotiation tactics like anchoring (starting with a high price and negotiating down).
- Importance of a valuer: Having an experienced valuer on your side is critical. The government’s valuation will be based on market evidence, and to challenge it effectively, you need strong counter-evidence.
- Avoid overstating value: Some landowners assume that asking for a significantly higher price (e.g., requesting $1.5 million for land worth $800,000) will push the government to increase their offer. In reality, this approach often backfires, leading to a lower counteroffer and a difficult negotiation process.
Why Queensland Property Owners Should Seek Expert Advice in Land Resumption
If your land is affected by resumption, it’s crucial to seek expert legal and valuation advice early in the process.
Professionals who specialise in Queensland resumption cases understand the government's approach and can help secure the best possible outcome.
If you or someone you know is facing resumption, we understand how overwhelming the process can be. Our team specialises in helping landowners navigate compulsory acquisitions and ensure they receive the compensation they deserve.
Based in Caboolture, we have extensive experience in resumption matters all over Queensland, and we work to make sure you understand your rights and options. Whether you need legal representation, valuation support, or negotiation assistance, we’re here to protect your interests every step of the way.
Contact us today to discuss your case and explore your options.