Legal Comment by Mark Illidge

April 2007

As the resumption of land on the Mary River at Traveston Crossing has begun we thought we would revisit the law on acquisition of land in Queensland.

The Acquisition of Land Act 1967 empowers ‘Constructing Authorities' to acquire land for public purposes related to their business.  Acquisition may be effected by agreement with the landowner, or failing agreement an acquisition can be effected compulsorily.  To begin this process a ‘Notice of Intention to Resume' will be forwarded to the landowner detailing: the location and area of land to be acquired; a date by which written objections may be lodged; and a time and place where the landowner can appear in person and explain to the Constructing Authority the grounds for their objection.  Following this hearing, a final decision will be made by the Constructing Authority.  There is no right of appeal against the decision after it is gazetted as a final decision.

From the date that the land is acquired, any person having an interest in the land may lodge with the Constructing Authority a claim for compensation for loss of their interest in the land.  The Constructing Authority will engage a registered valuer who will make an assessment of compensation payable at the date of acquisition.  The amount of compensation will be based on the following principles:

• the market value of the land and any fixed improvements;
• any reduction in value caused by severance of land from other land owned by the claimant;
• any ‘special value' over and above the market value.  Special value can arise from "some attribute of the land, some use made or to be made of it, or advantage derived or to be derived from it, which is peculiar to the claimant and would not exist in the case of the abstract hypothetical purchaser";
• ‘disturbance loss' which includes losses suffered in moving elsewhere.

If an agreement cannot be reached regarding the amount of compensation payable, the Constructing Authority or claimant may refer the matter to the Land Court for hearing and determination.  Generally the claimant's reasonable costs of obtaining professional advice (solicitor/valuer or other relevant experts) will also be reimbursed by the Constructing Authority.

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