Mackay cane farmers David and Kerrie Robke awarded almost $1m in land resumption case

A major road project split their third-generation family farm in two — but the massive compensation payout fell far short of what they felt they were owed.

The Robke family cane farm was split in two by the Mackay Ring Road project. File photo.

A Racecourse farming couple had been awarded almost $1m in compensation after part of their cane property was effectively split in two under the Mackay Ring Road project.

But the figure was $3m plus less than the couple wanted for what they claimed was their economic loss as a result of the major overhaul.

Experienced cane farmers David and Kerrie Robke had 3.945 hectares of their farm, located near Mackay Sugar Racecourse Mill, resumed by the Department of Transport and Main Roads in 2017 ahead of the $565m project’s construction.

They were among a number of landowners forced to fully or partially sell their property for the highly anticipated bypass road.

The resumption caused Mackay Sugar to relocate the cane rail line, “had the practical effect of splitting the farm in two” and also altered the properties flood plain that could result in more inundation in the wet season, a recent court judgment stated.

There was no dispute about the value of the land taken, the issue was about economic loss.

Families whose land was resumed by the Mackay Ring Road set up a sign protesting the overpass opening on Friday, September 4, 2020.

The Robkes claimed $4,094,624, while both TMR and Mackay Sugar argued for an amount of $875,818.

As a result the Robkes took their fight to the Queensland Land Court, which resulted in a five day hearing in Mackay in late 2024.

David Robke is a third generation cane farmer who has spent his entire life at the property, which used to have “an inviting view to the nearby sugar mill and across other properties”.

His wife had also lived at the property for decades and the pair were familiar “with every aspect of their land and every details of their business”.

“They are particularly affected not just by the loss of land, but by the effects introduced by the construction of the Ring Road – which include access, flooding, vermin and weed problems,” Qld Land Court Member Nicholas Loos said in his recent judgment.

Then-MP for Dawson George Christensen put out a cheeky ad pushing for funding for the Mackay Ring Road project, playing off Beyonce’s ‘put a ring on it’.

The resumed land divided the property from a rectangle into two slightly uneven squares, with TMR constructing a section of the bypass on the land.

“It rises to an overpass where it crosses the Robkes’ farm, which permits the Robkes access to both parts of their farm via an underpass,” Member Loos said.

The cane railway also had to be relocated on the Robke’s property, however the claim against Mackay Sugar was not about loss of land but Member Loos said the railway did cause “a 100 per cent diminution in the value of the easement areas”.

The judgment also revealed the construction could also result in heightened flood impacts including “an increase in flood levels, flood depths, times of inundation (and) prolonged inundation … (and) a redistribution of flood flows over and above what would otherwise have occurred prior”.
The judgment stated the Robkes did not produce any valuation evidence, but based their claim for compensation “on the economic losses they say they have, or will, suffer because of the resumption”.

The Mackay Ring Road. Picture: Melanie Whiting

This loss fell under two categories — lost profits and increased costs to farm activities.

While TMR and Mackay Sugar disagreed arguing the Robkes were only entitled to the market value of the land and crop at the date of resumption, not any anticipated profits as well.

Member Loos accepted the resumption caused more land to be inundated in flood than before but disagreed with how the Robkes determined the compensation figure that took in future costs over 25 years.

“I consider it reasonable to reach a figure by multiplying by 8.5 years instead,” he said.

Member Loos accepted the resumption had a significant negative impact on the Robkes.

“The resumption process has been time consuming and stressful for them. The taking of the land and the construction of the road has made farming their land more difficult,” he said, also adding TMR and Mackay Sugar had been “appropriately generous” in their approach.

“Ultimately, though, I have concluded that an amount higher than the respondents’ figure of $875,818 is appropriate,” Member Loos said.

He awarded the Robkes $978,527.86.