Can a Municipality Expropriate My Property in BC?
This answer covers the law of British Columbia.
A municipality can expropriate your property only if an enactment gives it that power and it follows the steps in the Expropriation Act. An expropriating authority is a person, including the government, empowered under an enactment to expropriate land, and it must not expropriate unless it serves the expropriation notice and the approving authority approves. Registered title does not protect land from lawful expropriation.
You still have a say. The authority must serve notice on affected owners, post a sign on the land and file the notice in the land title office. You can request an inquiry by serving the minister within 30 days of service of the notice. The inquiry cannot consider whether the project is necessary, but it can look at whether the land is needed or whether an alternative would meet the objectives.
Compensation is the market value of what is taken plus reasonable disturbance damages. A displaced residential owner may receive an additional 5% of market value. Time limits are short, including 1 year after payment to apply to court to decide compensation, so get advice early.
Key takeaways
- An authority cannot expropriate unless it serves the expropriation notice and the approving authority approves.
- You can request an inquiry by serving the minister within 30 days of service of the notice.
- Compensation is the market value of what is taken plus reasonable disturbance damages, and a displaced residential owner may receive an additional 5% of market value.
- An application to court to determine compensation must be made within 1 year after payment, or you are deemed to accept the amount paid.