If your property lies along the proposed route of the Bruce Highway Western Alternative Stage 4, you may be facing the stressful reality of compulsory land acquisition. Whether you’ve received a Notice of Intention to Resume or anticipate one soon, it’s normal to feel uncertain, anxious, and even overwhelmed.
At Butler McDermott Lawyers, we specialise in helping landowners like you protect their rights, challenge low compensation offers, and navigate the legal complexities of land resumption in Queensland. With decades of experience and a strong track record, we are the legal team you want in your corner.
What Is Land Resumption and How Does It Work?
Land resumption, or compulsory acquisition, is the legal process by which government authorities acquire private land for public infrastructure. In Queensland, this process is governed by the Acquisition of Land Act 1967.
This law applies uniformly across Queensland and gives government bodies the authority to acquire private land for public purposes, including roads, utilities, and major infrastructure projects.
No matter the project, whether it’s a transmission corridor like Borumba or a highway like the Bruce Western Alternative, the legal process is the same.
For the Bruce Highway Western Alternative Stage 4, the Department of Transport and Main Roads (TMR) may resume land for future highway development.
Key Steps in the Land Resumption Process:
- Notice of Intention to Resume: This formal notice outlines the land to be acquired and the purpose of the acquisition.
- Objection Period (30 Days): Landowners can lodge a written objection, but strict deadlines apply.
- Gazettal and Ministerial Approval: Once approved, a Taking of Land Notice is published, officially transferring the land to the authority.
- Compensation Claim (3-Year Deadline): You must lodge a claim to receive compensation for the resumed land.
- Negotiation or Land Court Referral: If no agreement is reached, the case may go to the Land Court of Queensland.
Important: Missing a deadline can lead to the loss of key legal rights. Contact a lawyer as early as possible.
Don’t Settle for Less: You May Be Entitled to Much More
Authorities often make initial compensation offers that undervalue your property or losses. But you have a legal right to claim fair and full compensation, which may include:
- Market Value of your land at the date of acquisition
- Disturbance Costs including moving expenses, legal and valuation fees, and financial losses
- Injurious Affection when only part of your land is taken and the remainder loses value
- Severance where your property is divided or made less useful
- Highest and Best Use Valuation based on development potential, not just current use
Our team will work with qualified valuers, town planners, and accountants to ensure you receive everything you’re legally entitled to, and we fight to make sure nothing is left on the table.
Land Resumption Is Not Just a Legal Process – It’s an Emotional One
Your property isn’t just land. It’s your home or business, your security, your legacy. Being told you must give it up, even with compensation, is a deeply emotional experience.
Common reactions include:
- Stress and anxiety about the process
- Confusion around legal rights and obligations
- Frustration with delays or perceived unfairness
- Grief from losing a long-held home or business site
At Butler McDermott Lawyers, we recognise the emotional toll of land acquisition. But more importantly, we don’t just support you, we fight for you. We’ll protect your rights, challenge undervalued offers, and represent your interests with experience, strategy, and strength.
Why Choose Butler McDermott Lawyers?
With over 100 years of experience in Queensland land resumption law, we’ve represented clients affected by:
- The Traveston Crossing Dam
- Sunshine Coast Transport Corridor resumptions
- Major state infrastructure and water pipeline projects
We provide end-to-end representation, including:
- Reviewing and responding to your Notice of Intention to Resume
- Advising on whether to object and how
- Preparing and lodging compensation claims
- Negotiating with authorities to secure higher compensation
- Representing you in the Land Court of Queensland if required
- Working with independent experts to build your strongest case
Most legal and valuation costs are reimbursed by the acquiring authority for compensation claims, meaning you can access expert legal advice without out-of-pocket expenses.
What to Do If You’ve Been Contacted About the Bruce Highway Western Alternative Stage 4
If you’ve received a Notice of Intention to Resume or have been notified that your land may be affected:
- Don’t ignore it. These documents carry legal deadlines.
- Keep all communication. Save letters, maps, and notices.
- Contact us immediately. Timing is critical for your objection rights and strategy.
- Don’t accept compensation offers without legal advice, you may be entitled to significantly more.
Get Expert Legal Help Before It’s Too Late
We’re ready to help you secure the compensation you deserve and protect your rights from start to finish. Whether you’re dealing with confusion, stress, or a complex compensation claim, we’ll guide you, and fight for you.
Call Butler McDermott Lawyers on 07 5241 1102 or request a free, no-obligation consultation.
Your land matters. So do your rights.
