When facing the daunting prospect of compulsory land acquisition, also known as land resumption, property owners and small businesses face numerous challenges and uncertainties. Butler McDermott Lawyers, with their extensive expertise in handling a wide range of resumption cases, offers crucial insights and guidance for those navigating through this complex process. Their approach uniquely balances assertive advocacy with practical, realistic advice to ensure that clients are both well-represented and informed about their prospects.
Types of Resumption Cases Handled Most Frequently
Butler McDermott Lawyers frequently represents a wide range of legal matters, from leasing premises owned by commercial landlords and residential owner-occupiers to handling cases for small businesses and multi-million dollar claims in the Land Court. They have extensive experience in compulsory acquisition cases, giving them a thorough understanding and the capability to proficiently manage diverse situations.
What Sets Butler McDermott Lawyers Apart
The team at Butler McDermott Lawyers excels in striking a delicate balance between challenging resuming authorities when necessary and providing clients with a straightforward assessment of their potential outcomes. Their candid approach ensures that clients don’t waste time and resources on futile negotiations. Unlike other firms, Butler McDermott Lawyers does not shy away from questioning the position of the resuming authority, setting them apart in their practice area.
Navigating a Resumption Case
From the onset of receiving a notice of intention to resume to the potential settlement or court referral, Butler McDermott Lawyers skilfully navigates each step. Their process includes handling objections, coordinating valuations, preparing and submitting claims, and engaging in negotiations or mediation. This comprehensive approach ensures that clients receive the support they need at every stage.
Challenges and Common Mistakes
One of the biggest hurdles faced in resumption cases is the tendency of resuming authorities to minimise compensation. Butler McDermott Lawyers emphasises the importance of acquiring independent valuations and legal advice early in the process to counteract this. A frequent mistake made by property owners is accepting preliminary assessments and recommendations from the resuming authority without question. The firm strongly advises against this and suggests seeking independent counsel and valuation services to ensure fairness and accuracy.
Advice for Those Receiving a Resumption Notice
Immediate action is critical. Butler McDermott Lawyers advises seeking legal advice promptly to ensure the proper handling of objections and ensuring eligibility for compensation for professional fees incurred. This proactive approach can significantly impact the outcome of the case.
Typical Fees and Financial Considerations
For straightforward matters, costs can vary and are generally fully compensated by the resuming authority. Cases with added complexity are evaluated on an individual basis to provide clear guidance on expected legal fees.
Additional Insights
A crucial piece of advice from Butler McDermott Lawyers is not to relocate prematurely. Maintaining an interest in the resumed land at the time of resumption is essential for eligibility for compensation. The firm shares an example where a client was advised improperly by a council, moved preemptively, and consequently faced significant financial loss of over fifty thousand dollars.
Conclusion
Compulsory land acquisition can be a challenging and emotional process for property owners. Still, with the right legal expertise and guidance, navigating this landscape can be far less daunting. Butler McDermott Lawyers offers a breadth of experience and a client-focused approach, ensuring that those facing land resumption are well-equipped to secure the best possible outcome.
