does this sound like what should happen
WHAT IS EXPROPRIATION
Expropriation occurs when a public agency (for example, the provincial government and its agencies, regional districts, municipalities, school boards and utilities) takes property for a purpose deemed to be in the public interest, even though the owner of the property may not be willing to sell it.
WHEN IS A DECISION MADE TO EXPROPRIATE?
Generally property is expropriated only if there is a failure to reach an agreement between the owner and the agency as to the amount to be paid. Even in this case, the owner and the expropriating authority can enter into an agreement to transfer the property leaving only the amount to be paid to be determined by the Supreme Court.
WHAT CAN BE EXPROPRIATED?
Any interest in land and improvements such as buildings, may be expropriated.
WHO ARE THE MAIN PARTIES INVOLVED IN AN EXPROPRIATION?
There are three main parties involved in an expropriation. They are:
- The owner(s) of the property.
- The expropriating authority — this is the body empowered to expropriate land and includes the provincial government and its agencies, regional districts, municipalities, school boards and utilities. It is the expropriating authority with whom you will initially deal and with whom you will discuss the matter of compensation.
- The approving authority — all expropriations must be approved by an elected, politically accountable authority. Municipal councils are politically accountable for municipal expropriations, the Board of School Trustees for expropriations under the School Act, and the Minister responsible for the administration of government legislation in other cases of expropriation.
WHAT ARE THE STEPS IN AN EXPROPRIATION?
Once a decision has been made to expropriate, the steps are as follows:
1. EXPROPRIATION NOTICE: This is the first formal notice you will receive that your property is being considered for expropriation. It must contain the purpose for which expropriation is required. The
Act requires that the
Notice be:
- sent by registered mail to every person having a registered interest in the property, together with a copy of the Act
- posted on a sign on the land to be expropriated (or if the land is located outside a municipality, the Notice may be published in a local newspaper); and
- filed in the local land title office.
The
Expropriation Notice may also be delivered by hand.
You may find it advisable to contact your lawyer upon being officially notified of an expropriation. All reasonable legal costs incurred by you pertaining to the expropriation will, in most circumstances, be reimbursed by the expropriating authority.
2. REQUEST FOR AN INQUIRY: Once the
Expropriation Notice has been served, you may request an inquiry to determine whether the proposed expropriation of the land is necessary to achieve the objectives of the expropriation authority, or if the objectives might be better achieved by varying the amount of land taken or using an alternate site. The provision for an inquiry does not apply to "linear developments" which include highways, railways, hydro or other electric transmission/distribution lines, pipelines, sewer, water or drainage lines/mains.
Your request for an inquiry must be made in writing to the Deputy Attorney General (on
Form 2), and served on the expropriating authority within 30 days after receiving the
Expropriation Notice. The form must contain the following information:
- your name, address and telephone number;
- the legal description of the land to be expropriated;
- the nature of your interest in the land to be expropriated;
- the reasons for requesting an inquiry.
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