Brisbane City Council want to resume my development site!

Boris, as far as I know, BCC does not have any power of resumption under the Local Govt Act or under the state or federal Acts relating to the resumption of land.

If they wish to purchase, then they will need to make an offer (which is too good to refuse). Remember though, don't be too greedy as what development potential is there should they decide to proceed without your block (assuming it is feasible for the remaining land owned by council to be developed).

If you get  a decent offer now, it will be better than having to wait years for a capital gain to kick in.

Also, think about delaying exchange until you have owned for 12 months to reduce your cgt liability.

In a nutshell: Holding Redlich – State Powers

Other solicitors with specialisation in this field: GOVERNMENT COMPULSORY ACQUISITION OF LAND

Sorry to give you a bum steer but the Acqusition of Lands Act (Qld) DOES confer rights upon councils to acquire land (not necessarily the case in other states as Sydney/Melb etc have many LGAs not just one covering the whole of Sydney or Melbourne metro areas).

The Act does nominate the purposes which council can acquire land : Schedule – not sure what an MP3 zoning allows other than playing of music through headphones. If it isn't is the schedule then it may be more difficult to compulsorily acquire the land.

The real concern is even if you successfully hold out, they could potentially block your development, as the assessors of your application.

They can block it, but you can still take it to a higher power.  In Victoria you can apply to VCAT who can overturn local council's decision in a court-hearing-style format.  Not sure of the name of the equivalent body in QLD.

Sounds like the previous owner knew this was coming, he probably already had offers, and just sold it to get his money rather than taking the councils pathetic hand outs. It sad that they can just "acquire it" at what they think it is worth, especially in a down market. SEQ markets have fall dismally over the last couple of years, and its funny at signs prices are going up in areas (especially areas that are improved by the airport link the new airport link) they want to take it now.

If they want it for infrastructure or reasons pertaining to better the local community, I don't think you stand a chance, you can flail your arms and jump up and down as much as you want, but at the end of the day the movie The Castle, was just that… a movie, when the government wants… it gets.

I don't know if you can claim the land is worth its rated value (the amount you have to pay rates on), but I have a suspicion that that amount would be greater than its current worth, that could go in your favor (depending on the legal side of things). Also I would investigate if you just bought it, about a refund for stamp duty and legal costs in acquiring your property, if you can prove they were already trying to acquire this property before you bought it, then I don't see why they should bare these costs that you have lost…you can only ask, if you don't ask you don't get, most of the time answers to our questions will be no, the harder you argue and make it difficult for them the more you might get.

One bit of advice, just don't act rude or spoilt toward them (telephone conversations, in correspondence etc) as the decision makers are human as well, whilst they follow policies etc, a lot of government policies are vague, open to interpretation and ultimately leave some leeway to the decision maker, if they don't like you or your attitude this leeway may going against you, instead of for you.

You can always try ACA / TT, and I would like to see you win, as it would be a win for every investor, but I really don't like your chances, as with investing, don't let emotions (including your pride) get involved, go on the facts, as your legal fees could end up costing you more than you would have lost if you took their offer.

Hi Boris,

In your first post you said, "I simply don't want council getting their hands on my future superannuation and potential large long term gain."

I don't know enough about you (age, income, experience etc) but in the long run this property shouldn't make or break your super plans. 

Step back from the emotion of your current situation and treat this 'offer' as a business decision and try and get the best out of the situation you find yourself in. You already seem to have two skilled people in your team so make sure you milk them and their expertise so you can milk what you can out of this block if you do end up selling.

Don't forget 'super' is your goal – not this property. This property is only helping you to achieve your goal – the property is not the goal. There will be others.

PS – I am not saying give in – I am saying negotiate as hard as you can so you get the possible outcome for yourself. .

I know 100% that BCC can resume land for infrastructure planning and a few other things too.  They must pay you fair market value for the land based on its zoning, not what you think it is worth.  They must also pay you a rate based on the highest possible use for the land (eg if an easement goes over it and n fact it was useless they must still assume you can develop all of the land to MP3 zone).

What I can tell you is that if you have a valuation that differs, or you believe "some circumstance" would of added significant value to your land "fight it".  You will not be able to stop the valuation but you have the right to appeal it and Council is obliged to get a 3rd party legal review to see if your claim has merit.  If it does Council "must" pay that amount!  I have personally seen a few people do this and to be honest about 75% of the time they get what they are after.  Also Council's first approach is to "acquire the land" not resume – this means agreeing to a value that sometimes maybe more than the market value as long as a valuer supports it (cant waste taxpayers money).