Remember "The Castle". The government wanted to resume the family home to accommodate expansion of the airport. A legal battle is taken to the High Court where natural justice prevails and the family lives happily ever after.
Unfortunately in real life, happy endings are rare. It is now official in "Durham Holdings Pty Ltd v The State of NSW" that:
"The High Court has decided the Qld and NSW governments can pass laws to acquire private property without paying just or adequate compensation." (Courier Mail Feb 16 2001)
Combine this with the State Development and Public Works Amendment Bill which was recently passed by the Queensland parliament. This Act allows the government to take away your land and ruin your livelihood without legally having to pay compensation.
The government can resume land on its own behalf "for any public works, or purpose of a like character". That is bad enough but under the new act it can now also resume land on behalf of private companies and investors. If for instance a private telephone company wants to put up a repeater station in your backyard and can prove that the telephone is of social benefit, your land can be resumed.
Any disputes over compensation can be taken to the Land Court but therein lies the sting, because The Land Court cannot award damages prior to resumption.
The actual resumption can take years and any private company may start a rumour. In the meantime an existing business may be damaged or your land is devalued or you want to move but nobody wants to buy your property. Compensation for these losses cannot be awarded in the Land Court as The Land Court has no jurisdiction to award damages other than the value of the land.
Be also aware of promises made by State Governments because breach of contract is also not within the jurisdiction of the Land Court and any promises can be broken with impunity.
By the way, a State Government cannot be taken to court under the Fair Trading Act or Trade Practices Act because government departments are technically not engaged in trade.
Governments are not accountable other than in the ballot box. Wake up, before The Great Australian Dream becomes your nightmare.
Press text below and please read.
now read My TRUE Story!
This can happen to you also!
Mr Peter Griep
49 Hemmant & Tingalpa Road
HEMMANT 4174 QUEENSLAND
Written about 2001.
New Port Rail Line
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