State ordered to pay for damage caused by Rail Trail
ALMOST 130 years since what is now known as the Brisbane Valley Rail Trail was constructed, a landholder has sued the State Government for erosion damage caused by the railway.
The property owner claims two drains which face his land caused significant erosion to his property and at some point during the proceedings, claimed $4.6 million to cover costs.
The Supreme Court of Queensland this week ordered Aurizon Operations and the State of Queensland each pay the landholder $75,000 for damage and nuisance.
The Commissioner for Railways, now known as Queensland Rail, bought the land from the plaintiff's ancestor in 1884 before the Brisbane Valley railway line was surveyed, designed and constructed in 1885.
The land was bought for 43 pounds.
The rail line was decommissioned in 1993 and has since been used for recreational purposes of cycling, horse riding and walking as the Brisbane Valley Rail Trail.
Two timber box culverts were installed to convey the flow of surface water upstream of the embankment, which have since been replaced with concrete drains.
Queensland Rail was first contacted in 2000 about the erosion of the gully and later the same year, a representative told the landholder it did not consider it had any liability to fix his land.
Judge Mullins ordered Aurizon was liable for damages between 1999 and 2002 or 2003 and the Queensland Government was liable for damages between 2008 to the present time.