While expropriation is potentially a very complex topic, I will try to provide a meaningful overview in this condensed space. Although not exclusively, the provincial legislation dictates the process of expropriation of assets/land for things such as road expansion, etc. In both AB and SK, the provincial legislation defines Expropriation as “the taking of land without the consent of the owner by an expropriating authority in the exercise of its legal powers.”
Considering the prosperous social/democratic environment we live in, “taking” and “without consent” are harsh words and can conjure up visions of a more autocratic time/place. On the other hand, in a just and reasonable society, the good of the whole (society) should not suffer at the expense of the individual either. While the Government gives (rights to land), the Government can take away.
While not always adhered to, usually due to a lack of understanding and awareness of the issues on the part of one party or another, I believe there are generally good laws and regulations that compensate the land/property owner (as well as non-owners). owners). ) when their rights are arbitrarily taken by the government. Although somewhat different from province to province, compensation is broadly defined under three headings, 1) the market value of the land or the proportional part (of the total) of the market value in a partial expropriation, 2) any disturbance and related damages, and 3) any harmful affective damage.
While narrow swaths of farmland (typical road widening levies) may suggest a fairly simple process for calculating the proportional share value of the land, the cost of fences, driveways, windbreaks, etc. ., can complicate the clearing process. In more complex cases, expropriation can include the removal of homes and businesses, which can result in a very complex and adversarial process.
Again, although it varies from province to province, in many cases non-owners of expropriated land can claim damages when the expropriation affects the value of their rights to the subject property or other property. For example, tenants of expropriated property have potential claims, if they recognize their right to claim. Likewise, the owners of adjoining land, if their rights are injured by the expropriation of other land in the area, will be entitled to compensation.
While the expropriating authority (may be represented by a real estate agent or otherwise) may be friendly and offer compensation that appears reasonable at first glance, many see it as an adversarial process and may not get what is fair or fair. have the right to receive. by law. Although the cost of doing your own independent investigation is often paid for by the taking authority, I would advise landowners (and others affected by a taking) to seek independent professional appraisal and legal advice before agreeing to the terms of a taking action. expropriation.
