What is Early Acquisition of Properties and Who Can Apply?

When government infrastructure projects like roads, transitways or public facilities are in the planning phase, land acquisition is often necessary and homeowners can find they have no choice but to sell their property to the Government.

This situation can be upsetting and also frustrating because it can be years between a notice of acquisition and the handover taking place. During this period, as a landowner, you may find yourself in limbo, uncertain of when you will have to move out and confused about how you can prepare for the future.

This is where early acquisition comes into play. Under specific circumstances, property owners in Queensland can apply for their land to be acquired earlier than originally scheduled. Take a look at what’s involved with early acquisition and how it can benefit you.

Early acquisition explained

If your property is earmarked for a future government project, you may be able to apply to have your property purchase finalised before the official start of the project. While the usual approach sees land acquired close to the time of construction, early acquisition is possible if you meet certain conditions.

You may be able to argue for early acquisition by proving genuine hardship. To do this, you will need to demonstrate that waiting for the typical acquisition timeline would cause significant financial, personal or emotional distress.

Different governing bodies have different policies relating to early acquisition approval. For example, the Queensland Government has details about its early acquisition policy on its website. Local governments have their own policies for early acquisition; here is an example from Logan City Council.

Why apply for early acquisition?

Applying for early acquisition can make life a lot easier, particularly if you are facing hardship. These benefits can provide certainty and stability at a time when future plans might otherwise seem unclear.

1. Certainty and clarity

If your property is marked for future acquisition, the uncertainty about when the government will take ownership can cause considerable stress. Early acquisition provides a concrete timeline, giving you clarity about the future of your property so you can plan your next steps with more confidence.

2. Financial stability

One of the most significant benefits of early acquisition is financial security. By receiving compensation earlier in the process, you can better manage your financial situation. This can be particularly useful to cover your relocation costs and fund the purchase of a new property.

3. Simplified process

Compared to traditional land acquisition, early acquisition is often a smoother and more straightforward process. Once hardship is demonstrated, the negotiation process can be more streamlined, reducing the time and effort you need to invest in resolving the matter. It means there will be less stress for you.

Early acquisition: How NPR Law can help

Navigating the early acquisition process can be complex and overwhelming, particularly if you have owned your land for many years and had no plans to sell or move on. What’s more, it can be difficult to know if you can prove genuine hardship. This is where you need the help of an experienced legal team.

At NPR Law, our property lawyers have extensive experience in property acquisitions, and  offer comprehensive guidance to ensure your proof of hardship is valid and that the process is handled smoothly from start to finish.

Our services include:

  • Reviewing and confirming your eligibility to apply for early acquisition
  • Helping you gather the necessary supporting documentation
  • Drafting and submitting an early acquisition application on your behalf

We understand how stressful it can be to face an uncertain future, especially when it comes to property matters. That’s why we’re here to provide the knowledge, support and expertise you need to make the right decisions.

Your Next Steps

If your property has been earmarked for a future infrastructure project and you have no choice but to sell and move, you may qualify for early acquisition. Understanding your rights and the options available can help you make the best decisions for your future.

If you have any questions or would like us to help you secure early acquisition, call us on 07 3555 6333 or contact us here.