This is an extensive report. In its examination of the procedures of expropriation, it recommends procedural fairness that is as expeditious as fairness permits. This requires notice to the owner of a proposed expropriation and provision for objections by the owner. If land is taken, there has to be the right to payment of a reasonable proportion of his compensation before owner is obliged to give up possession. The time from the inception of the expropriation until surrender of possession should be kept to a minimum both in the interest of the public and the owner. Finally, the Committee recommends that the procedures be as uniform as possible, while recognizing that some types of expropriation my require variation from the general scheme. After title has been taken, there must be provision for settling compensation. This report recommends a scheme like that in the recent Ontario and Canada Acts. The taker is obliged to furnish an appraisal and notify the owner of his right to an amount based on the appraisal. The owner may accept it without prejudice to his right to claim further compensation. Different steps are to be taken within specified times so that the settling of compensation will not be drawn out. Recommendations are made with respect to the dates as of which compensation is to be fixed, the taker’s right to possession, the owner’s right to interest, and the costs of the proceedings. The main recommendations for compensation provide for market values as the basic method of assessing the expropriated land; reinstatement of the basis of compensation where the structures on the land do not have a market valued; an allowance to the owner where the cost of equivalent accommodation is above the market value of his expropriated home; damage for injurious affection on a partial taking; compensation for disturbance, including business losses where the owner is compelled to move; and separate valuation of separate interest in the expropriated land.
Final Report
Back to Publication SearchExpropriation, Final Report 12
Resource Details
Publication No: | 12 |
FORMAT: | Publications |
TAGS: | expropriation, Land, Property, registration, right of entry, right of way, title |
FILE: | fr012.pdf |
ENACTMENT: |
Expropriation Act, SA 1974, c 27 (now RSA 2000, c E-13). |