Land and property resumptions
Council has a significant Capital Works Program designed for the benefit of the Logan community.
The program encompasses infrastructure projects including:
- roads and water infrastructure
- delivery of community and sporting facilities
- development of parks and environmental networks.
Those projects may require us to acquire part, or all of a property or an easement.
Property can be acquired by negotiation or by using the powers available as a Constructing Authority under the Acquisition of Land Act 1967 (Qld) (ALA). Under the Act, this power is granted for the purpose of public works and other public purposes and projects. The Act sets out the process for acquiring land or easements for capital projects. We can acquire land:
- with the landowner’s agreement – this can be done through a resumption agreement under section 15 of the Act, or in some cases a separate legal agreement
- without the landowner’s agreement – through the Notice of Intention to Resume process established under the Act.
If you have received advice or contacted us about any part of your property that may be required for a Council Infrastructure Project, please see the frequently asked questions below. These include information about procedures for resuming land and compensation.
To find out if Council requires any part of a property for Council Infrastructure Projects, please conduct a property search, please see Apply for a property search.
If you need more information, please contact our Property Acquisition Team by:
- email at Projectacquisitions@logan.qld.gov.au, or
- call us on 07 3412 3412.
Frequently asked questions
What is a Notice of Intention to Resume?
This is the start of the formal process for the compulsory acquisition (resumption) of land under the Acquisition of Land Act 1967.
Can I object?
The Notice of Intention to Resume will outline the procedure to follow if you wish to object. Your objection must:
- be in writing
- be made within the time specified in the Notice of Intention to Resume
- state your grounds for objection with supporting details (the Acquisition of Land Act states that matters relating to the amount of compensation to be paid are not grounds for objection)
- state whether you also wish to be heard in support of your objection (you may appear at the objection hearing and/or be represented by a solicitor or other agent).
Can I enter into a voluntary agreement with Council?
Yes, we are always willing to negotiate to acquire land required by voluntary agreement.
Does Logan City Council need access to my land?
Yes. As part of any resumption project, we are required to undertake site investigations like geotechnical studies, environmental studies and land surveys to identify existing boundaries and mark the property acquisition extents associated with Land and property resumptions. It is important that no disturbance or removal of any survey mark set up occurs. This is a key part of the acquisition process. We may be required to enter your property, as authorised under section 36 of the Acquisition of Land Act 1967 however we will, in the first instance try to get landowner consent for any property access.
How long will the resumption process take?
This will depend on the number of objections and the time taken to gain approvals. As a guide, it normally takes approximately 9 - 18 months from the time a Notice of Intention to Resume is issued.
Is the land taken from me as soon as I receive a Notice of Intention to Resume?
No. As it states, it is a notice or letter giving notice to an owner that Council intends to resume land or an interest in land (called an easement). The land that a Notice of Intention to Resume is served is not resumed at this stage. The landowner has the right to object, have the objection heard and have the proposal considered by the Department of Resources and the Minister. Only after all these steps are passed and the Taking of Land Notice is published in the government gazette is the land actually resumed.
On what grounds can I object?
Objections can be based on issues like:
- the need for the project
- the location of the infrastructure
- access after the project is finished
- any other issues that landowners see as affecting their property.
Under the Acquisition of Land Act 1967, compensation is not a valid ground for objection. If resumption is undertaken, the effect the resumption has on the value of the property will be considered in the compensation process.
What consultants should I engage?
If you were engaging a consultant to help you object against a project, those fees are your responsibility and will not be paid by Council.
When it comes to negotiating compensation, it is quite appropriate to engage a valuer and legal help. Reasonable fees incurred will be included in the overall settlement package. As an indication of likely fees to be incurred, in most standard resumption cases landowners can reasonably expect this to be a combined total of approximately $6,000 (excl GST). If you are uncertain about the costs that may be considered reasonable for legal and valuation services, please speak with your Council Property Officer. In some cases, more consultants may need to be engaged and we suggest landowners discuss this with your Council Property Officer before proceeding.
Will my objection be considered?
Yes, all objections will be considered by an authorised delegate of Council. The delegate will make recommendations to either:
- proceed with the resumption
- amend the Notice of Intention to Resume, or
- discontinue the resumption.
If you have objected to the resumption, Council Property Officers will notify you of the delegate’s consideration of the objection and decision on the proposed resumption. If you wish to be heard in support of your objection you can also attend the objection hearing. A copy of the Objection Report will also be provided to you.
What is the process after the objection period?
If Council as constructing authority decides to proceed with a resumption, it makes an application to the Minister for Resources. The Minister considers all applications. If the Minister is satisfied that the proposed resumption should proceed, he/she will apply to the Governor in Council to have a Taking of Land Notice published in the Queensland Government Gazette. The taking of land is effective on the day of publication of the notice in the gazette and your interest in the land is converted into a ‘right to claim compensation’. A copy of the Taking of Land Notice (referred to as a ‘Gazette Notice’) is then forwarded to all parties with an interest in land who were served a Notice of Intention to Resume.
Can I claim compensation?
You can claim compensation if you have a legal interest in the land taken (for example, if you are the owner, lessee or licensee). Under the Acquisition of Land Act 1967, a claim for compensation must be served on Council within three years from the day the Taking of Land Notice is published in the gazette.
How do I claim?
If you have a legal interest in the land and received a Notice of Intention to Resume, you will receive a copy of the Gazette Notice together with a compensation claim form to complete and return to Council. You may engage a registered valuer and/or solicitor to prepare and lodge your claim. Reasonable fees incurred in the preparation and lodgement for your claim will be reimbursed as part of the overall settlement of compensation. Please discuss with your Property Officer about any fees you may incur. You will need to complete the Compensation claim form and statutory declaration (PDF 688 KB).
Can I obtain an advance payment against compensation?
Yes. Following publication of the Taking of Land Gazette Notice and after your claim has been lodged in accordance with the Acquisition of Land Act, you can apply for a payment of an advance against compensation at any time. Payment of an advance does not in any way affect your right to negotiate additional compensation or to have the matter independently determined by the Land Court should a negotiated settlement not be reached.
How is compensation assessed?
Assessment is based on the market value of the property (or your interest in the property) at the date of the gazette notice in accordance with the Acquisition of Land Act. Council will have the property independently valued and your Property Officer will then contact you to discuss compensation.
When is compensation paid?
An offer of compensation will be made, usually after you have made a claim. The offer amount is formulated following careful consideration of all information available. If you are satisfied with the offer, settlement will be arranged. If you choose not to accept the offer, your Property Officer will discuss with you options to resolving differences in an open and conciliatory manner. If agreement on compensation cannot be reached, either party can refer the matter to the Land Court for an independent determination.
What about GST?
Compensation payments made because of the resumption of property do not attract GST.
What if I have a mortgage?
The mortgagee is entitled, in the first instance, to be paid the compensation (to the extent of the amount owing) unless the mortgagee agrees otherwise. A mortgagee consent/direction form will need to be completed by your mortgagee before any monies being paid to you.
What happens to my title?
Council will attend to the correction of the title at no cost to you. If a part of your property or an interest in the property (being an easement) was resumed, a new Survey Plan to reflect the resumption will be prepared and a new title will be created. If the whole of your property was resumed, the change of ownership will be arranged. Following registration of the Survey Plan and the title correction, you will be sent a Registration Confirmation Statement confirming the registration has been completed.
Can I sell to Council before resumption starts?
Yes. You may experience hardship or difficulty in selling your property if the land has been identified as part of a future Council Infrastructure Project. If this applies to you, you may wish to discuss the matter with Council’s Property Officers. Please see Early Acquisition of Property for Council Infrastructure Projects for more information.