At Hollingworth & Spencer we act for property-owners in resumption compensation claims.

As south-east Queensland’s population grows, so does the government’s need for infrastructure projects including new or wider roads, busways, bridges and tunnels. These projects bring with them great uncertainty for those whose properties lie in their path. This is where we can help.

If you own property, or lease property for business purposes, and the property is either totally or partially affected by a proposed resumption, there are some things you should know:

• There are time limits which apply to making a claim for compensation
• Most claims are settled without the need to commence court proceedings
• The constructing authority (usually a government department) is obliged to pay fair compensation, ie fair market value, for the property interest resumed
• Often the constructing authority will pay all, or at least most, of your legal costs and valuation expert’s costs.

Some compensation claims are straightforward and are resolved relatively quickly at a settlement conference. Others may be more complicated, for example where the land resumed had development potential – in such cases we can co-ordinate suitable experts (eg town planners, civil engineers etc) to work towards achieving fair compensation for you.

We can explain your rights to you in plain English rather than legalese. We will explain your options and the implications. Often the constructing authority can be persuaded to buy your property rather than formally take it by resumption, and we have the experience to initiate this process for you.

Chris Kohler is our senior litigation lawyer in the area of resumption compensation. Please telephone Chris on 3123 5700 or e-mail him at This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you are faced with losing an interest in property and you are looking for the fair compensation to which you may well be entitled.