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Under rare circumstances, the government may be able to buy your property from you for a fair price, but without your consent. This is called expropriation, and it means the taking of private property for public use. Common examples of expropriations include situations where a municipality wants to widen a road, or where a school decides that an addition to its facilities is necessary. Under ...
owner, including fair market value and other damages caused by the expropriation, (note that the word "owner" is not restricted to land owner, but includes a mortgagee, tenant, execution creditor, a person entitled to a limited estate or interest in land, guardian of property, and a guardian, executor, administrator or trustee in whom a
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Aug 5, 2022 · Canadian law generally accepts the principle that private property should not be taken away for public use without compensation. For example, governments have enacted statutes, such as the Expropriation Act , RSC 1985, or the Expropriations Act , RSO 1990, which require the expropriating authority to pay the market value of the affected property to its owner.
- Background and Facts
- The New Test For “Constructive Taking” of Land
- What This Means
Annapolis Group Inc. is a Halifax-based land developer which has been accumulating vacant land since the 1950s. It had eventually amassed nearly 1,000 acres with the intention of developing it. The Halifax Regional Municipality set out a new planning strategy in 2006 which identified part of the lands for possible use for a park in the future and d...
The Supreme Court of Canada, however, saw things differently. The Supreme Court referred to de facto expropriation as “constructive taking”, as it applies to situations where a land owner alleges the state takes its land without formally expropriating it. In other words, the state does not exercise its statutory authority to acquire an interest in ...
Although the law in this area is not yet settled, the Annapolis decision is being hailed as great news for developers and property rights holders in general. It should be kept in mind the test for constructive taking is still onerous. The court emphasized in this case that in order for it to occur, private property rights must be “virtually abolish...
Jun 22, 2024 · During this proceeding, the court (or jury) determines the land's fair value and whether the land can be taken. The government pays the landlord. The landlord leaves the property, and the title transfers to the government. Under eminent domain law, a property owner has a right to: Notice of the government's decision to make use of eminent domain
Apr 14, 2022 · The CCF argued that a de facto expropriation can also occur a second way: by denying the owner’s right to the beneficial use of the property. An owner who is left with notional uses of property, none of which have any economic value, would in most cases be denied the right to beneficial use and a de facto appropriation should generally be found.
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Oct 18, 2024 · The delay can cause the property to lose value and discourage the owner from making improvements to it. Owners’ Rights The owner is entitled to be notified of the pending condemnation. Many states require the governmental body to negotiate toward a voluntary purchase of the property before pursuing condemnation.
