Is there a lawyer in the house...

[Pinwheel]

Hi gang, sort of sad news here....could be good too! Over the years I've bragged about my 20 acre dark sky property. Well we have been contacted by a company wanting the paddock next door for grain storage & I am the only resident that could stop the project. There interested in moving me on telescope and all. If they go ahead, I'll loose my Dark nights due to massively bright lighting plus dust, chemicals, mice & loss of the southern parts of the night sky. If I sell I part with 20 acres, a 14sq house, 5 large sheds & a barn. I don't know what to do....:sadeyes:

This is what a grain bunker is-:eyepop:

https://www.google.com.au/search?q=grain+bunkers&tbm=isch&tbo=u&source=univ&sa=X&ei=sw4QU-PQCoe0kgXM4ICoCg&sqi=2&ved=0CDMQsAQ&biw=1366&bih=621

[strongmanmike]

How far, in a straight line, would any structure/light be from your observatory?

The dust would be a potential nightmare, you are right...meah..fight it with everything you have I say! :)

Mike

[Pinwheel]

So far the boundary will be it because they want the high ground. Very concerned right now!

[Astro_Bot]

Like most suspect remarks, this one begins with the usual, "I'm not a lawyer, but ..." :)

In this economy, with this governement, and being the only resident able to stop it .... trying to fight it would be futile and pointlessly stressful, IMHO.

Do you have to sell on the open market after the development announcement? You poor bugger.

Will the developer buy your property or pay compensation? Could be alright, but get a lawyer.

[Pinwheel]

So far they are open to buy me out for a reasonable price. However, I've had a call from the council already & they want the project to succeed for local employment etc. So I'm screwed............:sadeyes:

[Astro_Bot]

That's what I figured. IMHO, you won't find an ally anywhere in the current environment if there are jobs involved.

[Pinwheel]

So, I figure if the council wants it to go through let them buy me out, Top Dollar.

[sheeny]

I think I agree with what's already been said... you are probably better off selling to them but you need to make sure you get a reasonable price. Good luck with the negotiations!

Al.

[gregbradley]

Think of the brown snakes it will attract - they eat mice.

I'd sell to them and move somewhere else - its a big country and lots of great properties around. Unless it has some sentimental attachment to you.

Greg.

[Pinwheel]

Thank's Sheeny,
So far the head honcho I've spoken to is reasonable, open to discussions but claims limited budget. I'm having a meeting here next week to discuss & come to some agreement. I'm not personally against the project other than it impacts on my life, my hobby, my property, my live stock, my wife's emotional state. we are prepared to move to darker skies, but can I find it with the compensation when offered. :help:

[Profiler]

Well we have been contacted by a company wanting the paddock next door for grain storage & I am the only resident that could stop the project. There interested in moving me on telescope and all. If they go ahead,



Okay - Sifting through the verbage - first important issues that needs to be clarified

"who" or "what" have contacted you?

Specifically: what you describe as the "company" is it

1) A branch of government (local, state, federal etc) indicating they are commencing compulsory acquisition proceedings - or

2) A private interest/concern - ie an individual or company/business of some type/size

[Pinwheel]

Brown snakes....:lol we have them here anyway, total pussies. Bolt when you are 10 meters from them. Our cat kills them all the time & he's 7 years old. Deadly yes, get bitten....after a Tatts win & a lightning strike..maybe! But yes, I take your point. I'm more concerned about the poison control & the ANTI-FUNGAL spray they use on the stored gain that goes into your lunch bread or roll.:thumbsup:

[Pinwheel]

"who" or "what" have contacted you?

Specifically: what you describe as the "company" is it

1) A branch of government (local, state, federal etc) indicating they are commencing compulsory acquisition proceedings - or

2) A private interest/concern - ie an individual or company/business of some type/size[/QUOTE]

BOTH, first the Private interest & later the local Shire. I've been told the Mayor will be calling soon.

[casstony]

I'd be hiring a lawyer and using the prospect of legal action to lever a higher sale price for your property.

[Profiler]

You need to discuss this matter asap with a solicitor whom you have formally engaged to advise you and act on your behalf.

If you live in a rural/small area it may also be prudent to engage a solicitor/law firm which is external to the region of this mayor/shire.

[Pinwheel]

I agree..., But I can't pay that kind of money upfront & we will have to take the whole towns anger & wrath If I cause, the total loss of the project & the future employment prospect for others.

[Logieberra]

For an issue this serious, I highly recommend that you seek out specialist legal advice.

Your home. The health and wellbeing of your wife. Your quiet, peaceful enjoyment of your land. These are big things!

Also, if you do sell, they can negotiate on your behalf to ensure just compensation.

[Kunama]

WHat he said !!!

[Pinwheel]

As I said below, Yes it's a small region and everyone is married or related. Your point is more than noted. I'm discussing this here as most are morons & would never look here.

[casstony]

Something to keep in mind when dealing with council representatives and company executives is that these types of people can be very smooth talking and place a lot of pressure on you to do agree to things that are not in your best interest - they are often skilled at managing/persuading people because they need to be in their profession.
No matter what they say to you never agree to or sign anything without running it past your legal representation first, or at the very least give yourself time to think it over and talk to friends who are not subject to the same pressures that you face.

[Profiler]

You need to stop discussing the matter here as well and instead continue with a solicitor/firm you engage.

Good luck.

[Pinwheel]

Thank you & I will, I just don't know who to trust & will they make it worse or better. The lawyer doesn't have to live here with the yobo's.

[Pinwheel]

Thanks Tony.

[Shano592]

And write a figure down now, that you think would be fair compensation plus 10-15%. Then add an extra 10% on to that, and take that to the meeting.

Don't let them guilt you into altering what you think is fair recompense for relocating.

[Pinwheel]

This will be difficult, I'll need to go out about 150km to get away from the towns family connection.

[Profiler]

Justice is seldom easy

I am logging off now so good luck

[Pinwheel]

Thank you. Will do, but it's still unfair. Reminds me of the movie "Castle" Any QC's retired here..:(

[Brian3.]

Do I know about grain bunkers, yes. Are they storage bunkers, metal walls about 1.5m high with tarpaulin covers or storage buildings which can be rather large structures?
The biggest problem will be dust, dust and more dust. But it sounds to me that there may be a little more than storage involved?
Either way don't listen to the "only so much money" crap and start dealing with purpose, that means as much as you can get. If they are offering say $500,000 and that is "all they can afford" then you want 40% more. If your land is critical to their operations you will get it and that is ALL that matters.
Anything less and you are doing favours for whom?
The loss of your "habitat" comes with a premium, your premium, and that is worth compensation/money.
A hard business approach is needed from you, and as they say there are no friends in business.
This advice is on the basis that you have lost the first battle, but not the war.

[taminga16]

IT ONLY TAKES ONE!
Talk to the developers, you may be pleasently suprised.

[Profiler]

"He who represents himself has a fool for a client"

A well know albeit facetious proverb from the legal profession.

[Kunama]

.......

[Pinwheel]

Thanks everyone, I'm looking for a lawyer now. Nothing has been promised or discussed with them yet.

[taminga16]

Matt (KUNAMA), my take is that the developer has already contacted the OP (see is 5th post) and if that is the case and Pinwheel is considering selling then my advice to him would be to secure an independent valuation and negotiate directly with the other party and then engage a Solicitor to finalise the deal. Legal wrangles take to long and the costs can be heart breaking/ home wrecking. Document recovery and distribution alone can run to thousands.
Greg.

[Pinwheel]

Thanks Greg, this is exactly what is scaring me the most.

[Shano592]

And don't forget to add the solicitor's fees ON TOP of your figure.

They want you out, then they really should be paying for everything.

[Arthur Alchin]

Good luck

[taminga16]

I was going to respond to Arthur, but have just realised that it would be a waste of pixels.

[Paul Haese]

As a former Solicitor, this is what I would do.

First, engage the services of a good solicitor to act as your agent. The only way land can be compulsorily acquired is through and Act of parliament or the Australian Constitution and it must be done by a government department. Mining aside, this is just storage and to the best of my knowledge (as limited as this is now) a company cannot just simply acquire or come and squat on your land.

Secondly, contact your local sitting members both State and Commonwealth and discuss the matter with them.

Third, do not sign anything or agree to anything until you have done the first two things. There is no need to think they will come in and just take something from you. Even the government must pay on just terms and given the development on your property they cannot pay a random fee.

Seek advice is my advice.

[rustigsmed]

Hi Doug,

Have you been formally notified by the Council of a planning application?

A Town Planning Consultant may be a better bet than a solicitor. Or if it is a solicitor make sure its a planning solicitor.

It sounds to me that they may have issue with getting the project through, why else would they approach you to purchase your property? Perhaps secondary expansion plans...

Cheers,

Russell

[alpal]

Hi Doug,
Be careful with solicitors -
if it goes to the supreme court you'll be up for a $100,000 legal bill.

I'd try & do it first in a nice way - out of court to get a good price.
You can always use the threat of legal action if they don't want to pay up.

cheers
Allan

[Astro_Bot]

Based on Doug's original post, the grain company wants the adjacent property, not Doug's, for their development. However, they seem happy to buy Doug's property as well - whether for future expansion or just to appease Doug and remove the only possible source of objection is a matter of debate. There doesn't seem to be any question of compulsory acquisition, especially as this is a commercial development.

Is that right Doug?

Anyway, regardless of the tack Doug wants to take, I think it would be foolish not to have at least consulted a solicitor before talking to the company - the company doesn't have to know. If it were me, however, I'd want that solicitor actively involved, thought not necessarily in an adversarial context.

[cometcatcher]

What a pest. I'm sure this would happen to me if I moved to the middle of nowhere, someone would want to build a nuclear power station right next door.

Can't they build their grain thingy somewhere else?

[rustigsmed]

another idea is to get a valuation or two done by professionals, so if you are considering negotiating you've got a couple of yard sticks.

[I.C.D]

G’day Doug
If I was you I would try and get as much for your property as you can without upsetting them to much .
Just remember if they are not going to be using your land , they may go to the state government and have the law change so they can build gain dept without your approval.
If they do this then the price of your may be a lot lower or worse then that you may not be able to sell it .

Ian .C :(

[Pinwheel]

Yes, Correct but all has gone very quite. The calm before the storm. No contact or words from the developer since last week. I don't like the feel of this.:sadeyes:

[Pinwheel]

I was phoned be the Planning dept head & advise that they the council want the project to go ahead. The thing here is no application has been submitted yet. So I feel my objections will be ignored.

[Pinwheel]

Yep but a Licensed property valuation costs $500 each & no application has yet been posted. I can't pay all this money out until I have confirmation it's for real.:shrug:

[rustigsmed]

That is a very strange thing to have happened. I work in town planning and that is "not on" by a Council representative - that is because if it requires planning permission (which it most likely does) they are acting as the Responsible Authority. Which Shire is it?

[Pinwheel]

PM sent.

[jenchris]

I doubt they'd be able to go ahead due to health and safety if you decided to stay, Erin Brokovitch precedent would help you!
So they need to buy your cooperation and that means compensation - as someone above said - think of a number and double it.

[Pinwheel]

UPDATE.....FLASH

Something positive has just happened, The farmer who was selling the land was in there this morning laying crystal gypsum. They only do this prior to air seeding the next crop. I think the deal might be off! YAHOOO..:D:D:D:D:D:D:D:D:D:D:D

[taminga16]

THIS THREAD NEEDS TO BE SHUT DOWN.
Pinwheel, Get your facts straight and remember the internet is a big place, you risk jeopardising any case that you may have by encouraging ill-informed comment here. This is not America the best that you will do is a fair price on valuation and the possibility of the developer meeting your costs.
Greg.

[Shano592]

Doug, that sounds like really good news.

Have you had the chance to speak with your neighbour? Perhaps he can confirm your hopes.

[Pinwheel]

Greg It's over, There's no action proceeding. The developer has gone cold on the project & is building else where. The paddock concerned is now being prepared for the next crop.

[taminga16]

Cheers Mate,
Enjoy your dark site.
Greg.