Secure the Compensation You Deserve for Land Resumptions or Contamination Claims
If your property has been resumed for a government project or affected by PFAS or other land contamination, you may be entitled to compensation, but asserting that right is rarely straightforward. Infrastructure expansions, environmental issues, and industrial activity can significantly impact property owners and rural operators across Australia. You need lawyers who understand the commercial, legal and valuation complexities involved.
At Enterprise Legal, we act for landowners, leaseholders, farming families and business operators in land compensation matters nationwide. Whether it’s a compulsory acquisition, an early (negotiated) acquisition, or a contaminated land claim, we offer clear advice and strategic solutions that are driven by results.
We regularly assist clients in Queensland matters involving TMR, Inland Rail, Queensland Hydro and local governments, and we advise on compensation law and processes across all jurisdictions. We also work closely with valuers, rural consultants and accountants to build strong and accurate compensation claims.
Compulsory Acquisition Compensation
If you’ve received a Notice of Intention to Resume (NIR) or have been informally approached by an acquiring authority, it’s critical to understand your rights. The law entitles you to fair compensation, not just for the land itself, but also for business losses, relocation costs, and (in some States) the effect on retained land.
We assist with:
- reviewing and responding to Notices of Intention to Resume
- preparing objections and attending pre-acquisition conferences
- negotiating compensation terms and early settlements
- obtaining expert valuation, agronomy or environmental evidence
- coordinating with accountants and tax advisors to preserve commercial outcomes
- pursuing legal remedies in the appropriate courts or tribunals, if required
Early or Negotiated Acquisitions
In some cases, acquiring authorities may consider purchasing your land before formal resumption, particularly where the project has caused hardship, delays or planning restrictions. We assist with:
- preparing hardship-based applications for early acquisition
- negotiating direct purchase terms outside of resumption legislation
- advising on whether early acquisition delivers a better commercial outcome
- ensuring that early agreements don’t waive or limit your right to full compensation
Early negotiation can result in smoother transitions, lower legal fees, and greater control over settlement timing.
For more general land transaction advice, see our Property Law page.
PFAS and Contaminated Land Compensation
Even if your land has not been resumed, you may be entitled to compensation where it has been adversely affected by contamination; especially PFAS, hydrocarbons, chemical runoff or other harmful pollutants.
We assist clients whose land has been impacted by:
- industrial or defence-related contamination (e.g. PFAS from firefighting foam)
- petroleum or mining activity affecting water quality, soil or livestock
- contaminated neighbouring land causing environmental risk or stigma
- loss of planning potential or development restrictions due to contamination
- reduced market value, yield or operational ability (especially in rural land)
- biosecurity restrictions or branding damage for food/agriculture exports
These claims are often complex and technical, we work alongside environmental scientists, valuers and expert witnesses to quantify your loss and pursue meaningful compensation.
Understanding Your Right to Full Compensation
The law surrounding land compensation is complex, and varies between States and Territories. Depending on your location, you may be entitled to claim for:
- Market value of the land at the time of acquisition
- Disturbance costs, including relocation, legal, valuation and professional fees
- Business losses directly attributable to the acquisition
- Costs of securing a replacement property
- Injurious affection – compensation for reduction in value of land retained in some jurisdictions only
- Solatium – a payment recognising emotional attachment to the land (commonly available in residential resumptions)
In Queensland, landowners have strong rights to claim for injurious affection, particularly in partial resumptions. However, this is not consistent across all Australian jurisdictions, and some States limit compensation where no land is resumed or where the impact is minimal.
We provide tailored advice based on your State’s legislation and ensure your claim reflects the full scope of your entitlement.
Cross-Sector Expertise
We understand that land compensation is rarely just about land. It can impact your family, your business, and your long-term plans.
We act for:
- Graziers and primary producers, where resumptions cut through paddocks, water infrastructure or herd operations
- Commercial property owners, where access restrictions, noise impacts or lost tenancies result in serious losses
- Leaseholders, where improvements, equipment or goodwill are affected
- Family businesses, where rural succession plans are disrupted by project works
If your compensation claim overlaps with other issues, we work alongside our internal teams to support Farming Agreements, Business Advisory, or other related concerns.
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Land Compensation FAQs
Facing a land resumption, contamination issue or loss of land value?
Book a consultation with our experienced land compensation lawyers today and let us help you secure the outcome you’re entitled to.
