Is there a lawyer in the house...

[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 (Kevin)]

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 (Russell)]

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 (Ian)]

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 (Doug)]

Originally Posted by 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.

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.

[Pinwheel (Doug)]

Originally Posted by rustigsmed

Hi Doug,

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

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 (Doug)]

Originally Posted by 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.

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.

[rustigsmed (Russell)]

Originally Posted by 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.

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 (Doug)]

Originally Posted by 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?

PM sent.

[jenchris (Jennifer)]

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 (Doug)]

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..

[taminga16 (Greg)]

Originally Posted by 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.

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 (Shane)]

Doug, that sounds like really good news.

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

[Pinwheel (Doug)]

Originally Posted by 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.

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 (Greg)]

Cheers Mate,
Enjoy your dark site.
Greg.