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Useful Insight for Landowners to Know about Resumption of Property
Many people believe that the private land they own is theirs; however, it is not true, at least not entirely. When a state or federal government lays claim to your land for purposes of constructing infrastructure or amenities such as road, railway, or electricity lines, the process is commonly referred to as resumption. The government can follow due process for compulsory acquisition of land after a landowner is informed beforehand. This article examines the top facts about the resumption of property.
Private Land Acquisition
According to the Acquisition of Land Act of 1967, a federal, state, or local government, also referred to as constructing authorities, can acquire private land for public purposes. Constructing authorities can acquire your land for various reasons, including the construction of hospitals, schools, road networks, and electricity lines. When your land has been earmarked for compulsory acquisition or resumption, it is advisable to get legal advice from a real estate attorney. Engaging a lawyer in advance can enhance your chances of getting fair compensation while also limiting the likelihood of forfeiting your legal entitlements.
One Chance
Property resumption is not exercised in a vacuum. A constructing authority notifies a landowner of the intention to acquire a piece of land for public purposes. Also, a landowner is allowed to argue their case against resumption. Through a lawyer, you have at least 30 days to provide a written objection regarding why the land in question should not be taken. An attorney will help you to make valid objections that can reverse the resumption. Notably, you might be required to appear before a constructing authority to argue your objection.
Compensation
Even with the best legal counsel, your objection might fail. At this point, a landowner is entitled to fair compensation for the loss of property. The Acquisition of Land Act provides guidelines for the compensation process. An attorney can come in handy to prepare a claim form in the right manner. The lawyer can help you in the valuation of the land to determine a fair figure for the resumed land. Note that if a portion of the land is resumed and the remaining part is too small to offer any economic value, you can ask the government to resume the remaining part. If a fair compensation cannot be offered for the resumed land due to various reasons, then you can apply for the matter to be heard and determined by a court of law.
For more information, reach out to a compensation lawyer in your area.