I have, over the last several years, including a recent case concerning the proposed Mackay ring roadseen government departments seek to engage with a landowner, while at the same time preparing to take the person's property by resumption.

My view is that you need to be very careful in any dealings with resuming authorities. This sort of approach is sometimes said to be "consultation". I often call it "Claytons consultation". You know, the consultation you have when you are not really being consulted? I have seen time and again claims by government bodies and governments at all levels (including a recent disturbing case involving a local government) that they have "consulted widely" when those affected know that either this is simply not correct or that the consultation was carried out in only a cursory manner.

Approaches might also be made for the purpose of "resolving issues concerning your property" or something along those lines. This sounds like they want to try and look after you right? Well, not from what I have seen. In my experience it is more about them rather than you.

Furthermore, the really important thing to be aware of is that any dealings you have with an authority that wants to take your land is that it can affect your rights concerning compensation. For example, you have the right to lodge an objection once you are given the formal notice of resumption, so any requests for meetings, consultation, or other dealings with the resuming authority before the notice is given need to be approached very carefully.

Being a lawyer, of course I am going to say that you should seek appropriate legal advice. But, I do consider this to be one of the cases where getting a lawyer on your side is essential. I have had cases where department officers dealing with landowners try to steer them away from getting legal advice. This is pretty ordinary behaviour in my view.

I would simply say this - the law says you have rights:

For one thing, you have the right to object to a proposal that affects your property and if the resumption goes ahead you also have the right to be compensated on a fair and equitable basis. As you know however, sometimes you have to fight for your rights. Do not be afraid to do so.

The bottom line is, be very cautious, seek appropriate advice, and be prepared to fight for your rights.

Sean Kelly is a Lawyer and Director and head of the Commercial Litigation & Property Team at Kelly Legal and can be contacted on sean.kelly@kellylegal.com.au