Clive Desbois wins $1.13m payout over Mackay Ring Road project

The state will have to front a million dollar payout for a regional landowner whose property was resumed for a highly-anticipated bypass road.

Glenella landover Clive Desbois has been awarded $1.13m - to be paid by the state - over land resumed for the Mackay Ring Road project.

A Glenella landowner has been awarded a $1.13m payout following a years-long battle over land resumed for the Mackay Ring Road and after appealing the initial amount as being too low.

Clive Desbois was forced to sell off part of his Bruce Highway adjoining property when in August 2016, the Department of Transport and Main Road took back 1.934 hectares ahead of the $565m project’s construction.

He was one of a number of landowners in the area forced to fully or partially sell their property for the highly anticipated bypass road.

Clive Desbois overlooks his Bruce Hwy, Glenella property, which was forcibly sold, in part, for the Mackay Ring Road.

Mr Desbois applied to the Land Court of Queensland for compensation totalling $1,702,000, while TMR claimed it was only worth $67,000.

Ultimately he was awarded $948,961, which included $781,385 loss in land value, $83,576.08 interest and $84,000 for disturbance.

Both Mr Desbois and TMR were unhappy with the amount and appealed to the Land Appeal Court of Queensland – they disagreed on the value of the land before it was resumed.

Mr Desbois had argued the “highest and best use” of part of the reclaimed land fronting the Bruce Highway was for a type of commercial use like a service station/truck stop – he was pushing for a rate of $650,000 per hectare.

Whereas TMR contended “that planning approval would not be granted for a commercial use in a rural zone” – and as a consequence argued “the whole site only had rural value”.

Footage from the Department of Transport and Main Roads showcases the almost complete Mackay Ring Road.

TMR also argued there was “no evidence” to support an upwards adjustment from the $400,000 that was initially determined.

The Land Appeal Court of Queensland rejected TMR’s appeal as well as Mr Desbois’ push that the rate should have been $600,000.

The rate per hectare was determined to be $480,000.

As a result Mr Desbois was awarded $1,130,511.2, which includes $934,385 for loss in land value plus interest at two per cent per year until compensation is pain – which currently totals at least $112,126.2 – and $84,000 for disturbance.