Compulsory Acquisition Services: Protecting Your Rights and Securing Your Compensation
In Queensland, both State and Federal Governments have the legal power to acquire privately owned land for public purposes, such as roads, railways, hospitals, or other infrastructure. Facing the prospect of having your land acquired by an authority like the Department of Transport and Main Roads (TMR), Inland Rail, or Queensland Hydro can be incredibly stressful and overwhelming.
It’s not simply about losing land — it’s about ensuring you receive fair compensation for impacts on your property, business, and your future.
At Enterprise Legal, our team of experienced property and commercial lawyers assists clients across Queensland through the complex and often confusing compulsory acquisition process. We act in both Queensland and Federal acquisitions, with extensive experience in TMR resumptions and the Inland Rail corridor.
We’re dedicated to protecting your rights, maximising your compensation, and guiding you through this challenging process with clarity and confidence. We offer fixed or capped fees wherever possible, and flexible payment options, including delayed recovery of fees in many cases.
Who Can Resume Your Land?
Your land can be resumed (acquired) by:
- Queensland Department of Transport and Main Roads (TMR): for major road upgrades, new highways, or transport corridors.
- Inland Rail Project: a significant Federal infrastructure project affecting large areas across regional Queensland.
- Local Councils: for roads, drainage works, park expansions, or other community facilities.
- Other Government Bodies: including departments responsible for utilities, water infrastructure, and public facilities like hospitals or energy projects.
We have extensive experience dealing with TMR, Inland Rail, and other acquiring authorities. We understand their processes, timelines, and negotiation tactics, and how to ensure your rights are protected.
Know Your Rights
Whether you are a:
- landowner
- business owner
- leaseholder
- mortgagee
- or someone with an interest in an easement
…if your interest might be affected by a public project, you may be entitled to claim compensation.
You do not have to wait until you receive a Notice of Intention to Resume (NOIR) before seeking legal advice. Often, acquiring authorities approach landowners well before the formal process begins, proposing voluntary acquisitions. Early negotiations can often lead to significantly better outcomes and reduce disruption and stress.
In our extensive experience, engaging early with legal support can maximise your compensation and protect your legal rights before formal steps are taken.
Can I Object to a Notice of Intention to Resume?
Yes. If you receive a NOIR, you have the right to object within 30 days. Grounds for objection can include:
- the extent of land proposed for acquisition
- whether the acquisition serves a genuine public purpose
- procedural irregularities or unfairness
However, 30 days is a relatively short timeframe. We recommend seeking legal advice as early as possible (ideally before a NOIR is even issued) to ensure your rights are preserved.
What Losses Can I Claim in Compensation?
Queensland’s compulsory acquisition laws are complex, and every case is unique. However, generally, you may be able to claim compensation for:
- the fair market value of the land acquired
- reasonable relocation or disturbance costs
- any reduction in value of your remaining land (injurious affection)
- business losses associated with relocating or reduced profitability
It’s important to understand that:
- Emotional distress or sentimental value is not compensable under current Queensland laws.
- Compensation must reflect genuine market value, not inflated expectations.
We help you navigate this complexity to ensure every legally claimable dollar is secured.
Why Professional Legal Advice Matters
Government valuers and acquiring authorities may encourage landowners to settle quickly. However, government offers often do not reflect the full compensation to which you’re entitled.
Without specialist legal advice, you risk:
- settling for less than you deserve
- missing entitlements like disturbance costs or business losses
- making procedural errors that weaken your claim
At Enterprise Legal, we:
- Review all notices and government correspondence to protect your rights
- Explain the process in clear, plain language
- Work closely with trusted valuers, business loss experts, and planners with whom we have established relationships
- Negotiate assertively with government departments to achieve the best possible outcome
- Represent you in the Land Court of Queensland if your compensation cannot be agreed
We understand that compulsory acquisition is not merely a legal process; it’s about your property, your livelihood, and your peace of mind.
Our Compulsory Acquisition Legal Services
Enterprise Legal offers fixed or capped fee services wherever possible, and flexible payment options, including delayed recovery of fees in many cases. We assist with:
- reviewing Notices of Intention to Resume (NOIR) and advising on your rights
- preparing objections to NOIRs
- engaging and briefing expert valuers, town planners, and business loss specialists
- preparing and lodging compensation claims
- negotiating directly with government authorities
- assessing business loss claims for commercial or rural enterprises
- representing clients in the Land Court if disputes arise
- advising on early negotiations to avoid formal acquisition processes
- working with your accountant or financial advisor to manage tax consequences of compensation payments
In many cases, the acquiring authority must pay your reasonable legal and valuation costs as part of your compensation entitlement. We will also advocate for the highest possible contribution toward these costs.
Practical Tips for Landowners
Facing a potential resumption? Here’s your checklist:
- Keep records of all conversations with acquiring authorities
- Confirm important discussions in writing or by email
- Think about your long-term plans after the acquisition
- Gather reliable information and keep informed
- Maintain a diary of time spent dealing with resumption issues
- Seek legal advice as early as possible — don’t wait until you receive a NOIR
Call Enterprise Legal for free and confidential initial advice
Speak With Our Property Team
Why Choose Enterprise Legal for Compulsory Acquisition?
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Facing a compulsory acquisition? Book a consultation with our experienced compulsory acquisition lawyers today and protect your rights and secure fair compensation.
