Construction started and stalled. What´s next?

Public transport connectivity between major Brisbane hubs has been a key priority for Local and State Government planners in recent years.

As a result, numerous infrastructure projects are being undertaken to reduce the growing pressure placed on Brisbane´s roads and public transport by an ever-increasing population.

One of the key projects in Brisbane is the Eastern Busway, comprising 18km of dedicated roadway connecting the south-east suburbs of the city through to the University of Queensland´s St Lucia campus.

The first section of the busway, from the University through to Dutton Park via the Princess Alexandra Hospital, has already been completed, with the second stage currently under construction.

Running from Buranda to Coorparoo, this section is due for completion in early 2012. The third stage, proposed to run from Coorparoo through to Capalaba, is awaiting confirmation depending upon funding and future traffic levels.

Neither the State nor Commonwealth Governments have committed to funding this third stage, which is considered vital to create an integrated public transport system in the eastern suburbs.

Although this section of work is yet to be confirmed, planning authorities will need to ensure the land is available to build the busway should funding be made available in the future.

What this means for businesses and residents along the proposed route is the possibility that they may lose their properties through resumption.

In 2008, Premier Anna Bligh announced that more than 300 properties would be affected along the busway route over the 20-year phased construction period, either by total or partial resumption.

Under the Acquisition of Land Act 1967 and the Sustainable Planning Act 2009, land belonging to home and business owners can be resumed by the State Government to make way for projects such as the Eastern Busway.

For residents and business owners who think they could be affected by the proposed busway, it is always important to seek legal advice, no matter how far away you think the project might be from commencing.

From a hardship application, responding to a Notice of Intention to Resume, through to ensuring your property is valued fairly, and to receiving compensation for a range of costs, a legal professional will be able to navigate you through the resumption process.

If your property, home or business is being resumed,
- you have the legal right to use a qualified lawyer,
- with reasonable costs being paid by the resuming authority.

You´ve got nothing to lose and everything to gain.

To find out more about your legal rights when involved in a property resumption, please contact me (Pas Cece) directly, at the Deacon & Milani office on 07 3221 7750 or via email at pas@deaconmilani.com.au.

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