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Council’s Maud Street and Sugar Road Land Acquisitions – What Are Your Options?

With Council’s recent confirmation that properties along Maud Street and Sugar Road are to be acquired to facilitate upgrades to road and pedestrian infrastructure, affected residents and business will soon be thrust into the foreign world of compulsory acquisitions (also known as ‘resumptions’).

What should you do if you are contacted by Council?

Firstly, it is important to confirm with Council whether it is offering an early acquisition of your property. Ordinarily, your right to be compensated by Council for the value of your land and other reasonably incurred costs (called ‘disturbance costs’) only chrysalises once the land is formally acquired – which requires approval from the relevant State Government Minister following the issue of a ‘Notice of Intention to Resume’ by Council.

In some circumstances however, Council will negotiate to acquire property in advance of a formal resumption. Where that happens, it is important to confirm with Council (in writing) that although a formal acquisition has not yet occurred, Council will nonetheless assess compensation according to the principles in the Acquisition of Land Act.

Those principles include an obligation for Council to compensate you for reasonable legal and valuation fees incurred in connection with preparing your claim for compensation.

Secondly, take some time to consider your options as dispassionately as possible. Learning that Council has a land requirement for your property is often shocking and can be overwhelming – but making a spur of the moment decision to accept the first compensation figure offered by Council, or even worse, to relocate immediately, can have long lasting consequences.

You will need to weigh the factors both for and against negotiating an early acquisition with Council. An early acquisition may give a greater degree of certainty as to your timeframe for relocation, but that should be weighed against losing the ability to formally object to the taking of your land at a later date. There are a number of factors, both positive and negative, that may be relevant to your particular circumstances.

Thirdly, seek legal advice. Most property owners are unlucky to be involved with even one compulsory acquisition during their lifetime. The process can be complicated, and there is a reason why the Acquisition of Land Act requires a constructing authority like Council to compensate a property owner for their reasonable legal fees.

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Simone Faunt


Peter Boyce


Peter has been practising as a Nambour Solicitor since 1977 and joined Butler McDermott Lawyers the same year.

With over 40 years practicing as a Sunshine Coast lawyer, Peter has extensive knowledge of various facets of law.

He has practised in all areas of litigation and has special interests in:

  • Criminal law
  • Civil and Commercial litigation
  • Retirement Village matters
  • Sports law
  • Resumption of land and compensation claims


Peter has specialised knowledge of and experience with resumption matters as a result of the Traveston Dam project, road corridors, Main Roads and water pipeline. He is renowned for his professional approach and is an experienced and determined advocate.

Brent King


Brent works as a litigation lawyer, providing litigation legal advice in relation to both civil and criminal law matters, including:
  • Defamation Claims
  • Contract and Debt Disputes
  • Building and Construction Disputes
  • Planning Matters
  • Criminal Law and Traffic Legal Matters
Having grown up on the Sunshine Coast and joining Butler McDermott after the completion of his studies, Brent appreciates the needs of our clients, and brings a particularly commercial approach to litigation. Brent is a member of the Queensland Law Society and the Sunshine Coast Law Association, and has litigated a wide variety of matters in the Magistrates, District and Supreme Courts.

Al Upton


After arriving at Butler McDermott Lawyers in 2016, Al quickly progressed to running our Wills and Estates section and has successfully litigated disputes in the Supreme and District Courts of Queensland in the early stages of his career.

In the years that followed Al has now moved to assist our clients with commercial and property matters having achieved positive outcomes in that area as well as general litigation. Al’s experience has him uniquely placed to provide quality advice in the areas of property, commercial, wills and estates and general litigation.

Al is involved in giving back to the community, sitting on the board for the Daniel Morcombe Foundation and Sundale Community Foundation. He otherwise became a director of Butler McDermott Lawyers in November 2021.