Source: Judith Kerr
Owners of businesses in a once-bustling southside retail hub that are the latest target of the state government’s wrecking ball to meet rail needs have balked at the “unfair” price offered for the resumption of their properties.
Southside landowners, whose businesses are being compulsorily resumed by the state government for a new fast rail train station, claim they are being ripped off while being forced out of sites they have worked from for 20 years.
Land resumptions have already started for the new $5.75 billion Kuraby to Gold Coast Faster Rail project with 130 properties already taken.
Logan dental prosthetist Graeme Morris, whose practice will be bulldozed to make way for the new Beenleigh train station park and ride, said government compensation offered did not include money for common spaces inside his James St office building.
Mr Morris, who has owned the James St practice for 20 years, said the state was not paying for hallways, stairwells, toilets, passageways, storage rooms, verandas and carparking.
He said the strata title-owner tenants in his building were concerned they were not getting compensated for about 400 sqm of floor space designated for common purposes such as toilets, stairs and carparking.
He said the state government provided him with an offer on his final compensation package.
“They have offered me between $4400 and $4500 per square metre but I have made offers at that price for two Beenleigh properties and they have been rejected,” Mr Morris said.
“For my whole business and the shareholdings that I own in the building, the state offered me $345,000 – try and buy a dentist practice somewhere in Beenleigh for that price – it does not exist.
“The state government is basing the figures on old sale prices and not giving adequate compensation for the entire building and not paying us what we are entitled to.
“How can the state say they need to knock down our building but only pay for certain rooms in the building – it’s unfair.”
Mr Morris said he and others in Beenleigh whose businesses faced similar fates, were unable to challenge the state valuations because they did not have the time, the money or the legal experience.
Compensation for land owners is assessed in accordance with the Acquisition of Land Act 1967 and is based on market value of the property.
In addition to market value, those with a legal interest in the land such as an owner or lessee may also be eligible to claim compensation for costs related to the resumption such as reasonable valuation and legal fees.
A TransLink spokesperson said property resumptions were a sensitive but necessary part of building new infrastructure.
“In an ideal world, infrastructure would be delivered without any impact on people’s homes, but unfortunately this is not always possible,” the spokesman said.
“[We] are committed to negotiating fair and reasonable compensation with owners, or their representatives, in all cases and negotiate in an open and conciliatory manner.
“We acknowledge compulsory acquisition can be a stressful and difficult time for landowners, which is why we approach each acquisition with professionalism and compassion.”
Leeson Valuation liaison officer David Lambert said he had referred land resumption cases from Beenleigh, Woodridge, Kuraby and Narangba to the Crime and Corruption Commission and had met with officers from Queensland’s Legal Services Commission this month.
It is understood the complaints are still under consideration.
Mr Lambert claimed some strata-title tenants in Logan, where buildings were being demolished, had not had their full legal rights explained to them.
“The State Transport Department is bending the rules and is not being transparent and accountable,” Mr Lambert said.
“In one case in Beenleigh, TMR gave the strata-title owners a valuation for the resumption of their property but did not tell them they had the right to get another valuation and made it clear that was the final offer.
“In another case, the landowner was told that if they questioned the state valuation through another valuer, the final valuation might actually go down.”
A Translink spokesperson said property resumptions were a sensitive but necessary part of building new infrastructure.
“In an ideal world, infrastructure would be delivered without any impact on people’s homes, but unfortunately this is not always possible,” the spokesman said.
“[We] are committed to negotiating fair and reasonable compensation with owners, or their representatives, in all cases and negotiate in an open and conciliatory manner.
“We acknowledge compulsory acquisition can be a stressful and difficult time for landowners, which is why we approach each acquisition with professionalism and compassion.”
