Deacon Milani specialises in Resumption Law having acted for hundreds of property and business owners affected by resumptions for infrastructure projects including: Northern Busway, Airportlink, Eastern Busway, Southern Rail Freight Corridor, Bruce Highway and Gold Coast Light Rail, just to name a few.
Whilst it is difficult to take action until the route has been decided upon, we can answer some of the frequently asked questions, such as as:
IF MY HOME IS AFFECTED, WHAT ARE MY RIGHTS?
You may seek an early buyout on “hardship” grounds, or wait until you receive a notice of intention to resume. Timing will largely depend on individual circumstances, and on the phase of the property market.
HOW WILL I BE COMPENSATED?
Compensation is assessed by a Valuer comparing your home with recent sales of properties in your neighbourhood. Additionally, you will be entitled to a disturbance allowance comprising a range of expenses including: stamp duty, borrowing costs, moving costs, and other costs.
IF MY BUSINESS PREMISES ARE TO BE RESUMED, WHAT SHOULD I DO NOW?
A business owner should strive to keep his profits on the increase, as any reduction will result in lower compensation being offered. A landlord should ensure his tenant is paying a commercial rental, otherwise the resuming authority’s valuer will use the lower return, to reduce the offer of compensation.
HOW WILL A BUSINESS OWNER BE COMPENSATED?
A business which can be relocated, will be compensated by the payment of reasonable relocation costs or the value of the business, whichever is the lower. A business which cannot be relocated, will be valued based on three years of net profits.
WHAT ARE THE PROCESSES INVOLVED IN PROPERTY RESUMPTIONS?
Once the resuming authority agrees to negotiate the acquisition of your property or relocate your business, a settlement conference is convened by Deacon Milani with the resuming authority, its Valuer and our Valuer (Real Estate) or Forensic Accountant (in the case of a Business).
AM I ENTITLED TO FREE LEGAL REPRESENTATION?
YES. By law, the resuming authority must reimburse you for reasonable legal, valuer’s and other necessary consultants fees.
WHAT SHOULD I DO FIRST IF I AM INFORMED THAT MY PROPERTY OR BUSINESS WILL BE AFFECTED?
Contact Deacon Milani for advice appropriate to your circumstances. It’s free. You’ve got everything to gain, & nothing to lose.
WHAT SHOULD I DEFINITELY NOT DO?
You should NOT try to deal with the resumption of your property, or forced relocation of your business, without professional advice. Your reasonable legal & professional costs will be paid for by the resuming authority. Its your home. Its your Business. Get professional advice. You are entitled to it.
WHERE CAN I GET HELP?
Telephone or email Deacon Milani immediately, once you become aware that your property will be directly affected, by any infrastructure project.