Pollyana

This is not a thread full of moans or comparisons its a genuine query to the likes of Jad n Rich who are familiar with Qld law regarding buildings/roads/etc.

The new north Brisbane relief road plan came out yesterday - involves tunnels etc to take the traffic from the inner city bypass around the edge of the CBD. The proposed route goes through the complex where I work, writing off the car park, which has caused major panic, but also affects about 300 homes around the Kedron/Clayfield area.
It seems, from general talk, that the residents have absolutely no rights - apparently the land is being "resumed" (??) and the government just pays what they feel the land is worth, and then give the residents minimum time to move out.
No rights of appeal, no public consultation on the route or its impact, basically the people who own their homes here have no recourse at all and the first they knew about the plan was on the radio yesterday morning, followed by a letter in the mail (assuming Aus Post were on the ball with the deliveries!).

What is the actual position in a case like this - is it true that you could be effectively evicted from your home, with very little time and absolutely no rights?

I admit I am not wholly familiar with the process in the UK, but I know there have to be lots of consultation, meetings and proposals and reroutes before anything happens over there.

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Comments please!

MrsDagboy

"Dad what's a set of jousting sticks worth?"
"How much does he want for them???"
"one - eighty"
"Tell him he's dreamin' ....."

Hels

"Ahhhhhh the Serenity"

ABCDiamond

Compulsorily Resumptions will be made under the various pieces of legislation, subject to the provisions of the Acquisition of Land Act 1967. The procedure is as follows:

A Notice of Intention to Resume showing substantially the location and area of the land required is forwarded to the landholder (and mortgagee, etc.). This specifies a date (not less than 30 days later) by which the landholder may lodge an objection, in writing, to the resumption of the land.

The Notice will also specify a time and place where landholders can appear and be heard in support of any objection.
Following this, and after considering all points of the objection, a decision to discontinue, amend, or proceed without change will be made by the issue of a gazette notice, depending on the circumstances.
A copy of this notice will be forwarded to all parties.
At the date of gazettal, ownership of the land will vest in the state (or other relevant Constructing Authority).



The gazette notice
A decison by the Constructing Authority to proceed either by acquiring the land by agreement or compulsorily can culminate in the publication of a gazette notice.
The issue of such a notice must first be considered by the Minister and then approved by the Governor-in-Council.


Compensation
From the date of the land acquisition, (i.e. the date of publication of the gazette notice), all interests in the land (e.g. title, easement) are converted into a right to claim compensation. (In some cases, this may have already been agreed upon between the parties.)
Such compensation is assessed according to the value of each interest at the date of the acquisition.

The claimant has the right, in so far as money can allow, to be put in the same position as if the land had not been taken.

http://www.nrm.qld.gov.au/property/resuming_land.html

MrsDagboy

"Dad never could work out why he got it so cheap"

Pollyana

Seriously good film that one!

Pollyana

Thanks ABC - should've known you'd be on the case!

Hels

You can actually buy that very house!! I heard not long ago that the guy that owns it has it for sale!! Trying to get a whole $250k for it!!

He's bloody dreamin'....