Expropriation can be a difficult, stressful and often timely process for property owners. Our lawyers have handled many expropriation cases acting on behalf of land owners, farm owners and businesses. Located in Halifax – Dartmouth, our lawyers have represented clients across Nova Scotia and Atlantic Canada. The expropriation of land is a legal right vested in all levels of government, government agencies and public utility companies for a purpose deemed to be of public interest. Expropriation happens for a number of different reasons including but not limited to the widening of roadways, highway construction, transportation systems, provincial infrastructure and oil and gas pipelines.
Given that the expropriating authority has significantly more power and is likely well versed in the expropriation process they must follow expropriation legislation. This legislation provides protection for the property owner. The Expropriation Act provides that every person whose land is expropriated shall be compensated.
Knowing Your Legal Rights
As a property owner your rights include:
- Being notified that your property may be expropriated;
- The ability to challenge the valuation of your property;
- Your legal fees and costs are almost always paid for from the expropriating authority, and;
- Having legal representation from the commencement of the process.
Prior to taking possession of the property, the expropriating authority must provide the property owner with documentation effecting expropriation, an offer of an amount for full compensation of the owner’s interests and a copy of the appraisal report on which amount of compensation was determined.
A business that is located on expropriated land will receive compensation for business losses resulting from the relocation of the business. Generally, business losses will not be determined until the business has moved and is in operation for twelve months or until a three-year period has elapsed from the date of expropriation.
How We Can Help
Our team is knowledgeable in land expropriation and we represent and protect the rights of our clients. For those facing expropriation or the prospect of expropriation, we provide legal representation throughout the negotiation process to ensure you are fairly compensated.
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What is expropriation?
How much will it cost me?
Who has the power to expropriate land?
Who determines the level of compensation?
What if the expropriating authority and property owner cannot agree on compensation?
What if the offer is lower?
What if I decline the expropriating authority’s offer?
How does the Board determine the amount?
of their occupation of the land and the reasonable costs, expenses and losses resulting from the private owner's disturbance.