Government land acquisition and resumption

All levels of government sometimes need to acquire privately held land to provide services and community facilities, such as parks, schools, hospitals and roads.

The required land can be acquired by negotiation with the landholder or through a compulsory acquisition process, known as ‘land resumption’.

This page explains the land resumption process and landholder rights if land is resumed.

Who can resume land

The Acquisition of Land Act 1967 enables ‘constructing authorities’ to acquire land for public purposes. Constructing authorities—also called resuming authorities—include government agencies, local governments and some state-owned corporations like utility service providers.

Some common construction authorities are:

• Department of Natural Resources and Mines, Manufacturing and Regional and Rural Development, which acts for the State, local governments and other constructing authorities to acquire land for purposes such as schools, hospitals, local roads, water and electricity
• Department of Transport and Main Roads, which acquires land for state transport infrastructure purposes to provide a better and safer transport network
• the Coordinator-General, which facilitates many of the large-scale infrastructure projects that underpin Queensland's economic development—sometimes the Coordinator-General needs to acquire or resume the land on which these projects are to be built
• Energex and Ergon Energy, which are examples of entities authorised to acquire land under the Electricity Act 1994
• local governments, which can also acquire land for purposes related to local government functions.

The acquisition process

If a compulsory acquisition is proposed for land you hold, you will receive a notice of intention to resume which is issued under the authorization of the Act.

The notice will explain your rights and provide you information and options specific to your property. Compulsory acquisition of property by the state is always a last resort and the constructing authority will to be prepared to negotiate an acquisition by agreement and payment for the land even after a notice of intention to resume has been issued.

If you do not agree to the acquisition, you can object.

Find out more about the compulsory land acquisition process.

Making an objection

As a landholder, you have the right to object and have your objection heard by the constructing authority.

Your objection must:

• be in writing
• be made within a specified time
• provide supporting details for the objection
• state whether you wish to appear and be heard by the constructing authority in support of the grounds for objection.

Your objection to the proposed acquisition of land may be for a variety of reasons, for example you consider there is evidence available showing the proposal is better located elsewhere or that proper process has not been followed. However, the grounds for objection cannot relate to the amount (monetary value) of the compensation.

You may appear in person at the hearing and/or be represented by a solicitor. Any costs incurred for this will be your responsibility.

Your objection will be considered and a decision made about whether or not to continue with the resumption, or whether to amend the notice of intention to resume.

If the constructing authority believes they still require the land, they may apply to the relevant minister for the land to be taken. If the minister is satisfied that the proposed resumption should proceed, they may refer the matter to the Executive Council to have a taking of land notice published in the gazette.

The taking of the land is effective from the date the notice for the taking of the land is published in the Queensland Government Gazette.

Compensation

You can claim compensation if you have an interest in the land, for example, if you are the owner, lessee or licensee of the property.

The compensation claim needs to be in writing and you may engage a registered valuer and/or solicitor to assist.

Reasonable costs relating to preparing and filing the compensation claim are reimbursed as part of the overall settlement of compensation.

A claim for compensation must be made within 3 years of the date the taking of land notice is published in the gazette.

Find out more about the compensation process or browse the compulsory land acquisition frequently asked questions.

How compensation is assessed

The compensation amount is based on the market value of or interest in the land on the date the gazette notice is published, and according to the Act and legal precedents.

A valuer will assess the market value of the land, including fixed improvements—moveable personal property (such as furniture) is not included in this valuation.

For owner-occupied properties, reasonable removal expenses and costs (e.g. legal fees and stamp duty) associated with the purchase of a replacement dwelling of equal value are usually allowed.

The landholder is responsible for any outstanding rates, land tax and rent due at the date the land is acquired. Any amount owing may be deducted from the compensation paid.

When compensation will be paid

An offer of compensation will be made after the compensation claim is received. If the landholder is satisfied with the offer, the agreement will be documented and payment arranged.

Compensation payments resulting from the resumption of property do not attract GST.

Rejecting the compensation offer

If agreement cannot be reached about compensation and negotiation fails to resolve differences, either party can refer the matter to the Land Court for an independent decision.

Advance payments

Once you have lodged a written compensation claim, you can apply in writing for an advance payment against compensation.

This does not affect your right to negotiate additional compensation or to have the matter independently determined by the Land Court if agreement fails to be reached.

More information

For more information contact the authority managing the acquisition. The most common construction authorities are:

• your local government
• Department of Natural Resources and Mines, Manufacturing, and Regional and Rural Development
• Department of Transport and Main Roads
• Department of State Development.

This list is not exhaustive—please refer to the list of Queensland Government agencies to find the authority managing the acquisition.