Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 72

72 Compensation if realignment not carried out

(1) This section applies if—

(a) the council decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land; and

(b) structural improvements have been made on land that adjoins the road on the basis of the proposed realignment being effected.

(2) The council must pay the owner of the land reasonable compensation for the decrease in value of the land because of the decision.

(3) The amount of compensation is the difference between the value of the land before and after the decision.

(4) If the council and the owner fail to agree on the amount of compensation, the amount is to be decided by the Land Court.

(5) The provisions of the Acquisition of Land Act 1967 about the making, hearing and deciding of claims for compensation for land taken under that Act apply, with any necessary changes and any changes prescribed under a regulation, to claims for compensation under this section.

(6) The council’s decision not to proceed with the realignment of a road, or part of a road, does not give rise to an entitlement to compensation to, or a cause of action by, any owner or occupier of land or other person other than under this section.