When land is resumed for a public purpose, such as a road upgrade or infrastructure project, often a constructing authority (for example the Department of Transport and Main Roads or a local Council) will not always take the whole parcel of land.
In many cases, only a portion of a landowner’s property is resumed.
But what happens if the remaining land becomes useless as a result?
This is where section 13 of the Acquisition of Land Act 1967 (Qld) can provide an important protection for landowners.
What is Section 13 of the Acquisition of Land Act 1967 (Qld)?
Section 13 of the of the Acquisition of Land Act 1967 (Qld) allows a landowner to request that the constructing authority take additional land beyond what was originally intended if the remainder of the lot:
- is too small or oddly shaped to be of any practical use to the owner;
- is affected by the resumption in a way that results in the value to the owner being seriously diminished; or
- would leave the landowner in a worse position than if the whole lot had been resumed.
Section 13 of the of the Acquisition of Land Act 1967 (Qld) provides a landowner with the protection to make a balance land request for a consequential acquisition to the acquiring authority.
When Should You Use It?
You may be entitled to request full acquisition under s 13 of the Acquisition of Land Act 1967 (Qld) if:
- The resumed portion severs your land in a way that destroys its utility or renders it landlocked.
- The residual land is too small to build on, non-compliant with planning schemes, or no longer meets minimum lot sizes.
- Your property’s value to you is impacted, for example, due to loss of access, visibility, zoning compliance, or environmental constraints.
- You’re left with an orphan block that you cannot sell or use meaningfully.
Your Right to Request Full Resumption
As the landowner, you have the right to proactively request acquisition of the remainder of the balance land under section 13 of the Acquisition of Land Act 1967 (Qld).
If the Council or acquiring authority refuses, legal avenues may be available to you to challenge or negotiate a more equitable outcome.
How We Can Help
At S Day Lawyers, we act for landowners impacted by compulsory acquisitions across Queensland. If part of your land is being resumed and you are concerned about what will happen to the additional land that is left, we can:
- Assess whether section 13 of the Acquisition of Land Act 1967(Qld) applies in your case.
- Prepare a formal request for the constructing authority to resume the balance land.
- Obtain supporting valuation or planning evidence if needed.
- Negotiate with the constructing authority or represent you in disputes.
Get Advice Early
Time is critical. If you’ve received a Notice of Intention to Resume, or if resumption has already occurred but you’re left with an unusable piece of land, contact us as soon as possible. We’ll give you a clear assessment of your options under section 13 of the Acquisition of Land Act 1967 (Qld) .
