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The Expropriation Act

C.C.S.M. c. E190

The Expropriation Act

1 (1) Definitions
(2) Expropriation deemed a "work"
2 (1) Application of Act
(2) Conflict with other Acts
(3) Crown is bound
2.1 Investigation regarding contamination
3 Exercise of expropriation power
4 (1) Declaration of expropriation
(2) Plan of expropriated land
(3) Plans required for highways and drains
(4) Notice on certificate of title
(5) Where notice of intention not required
5 Disturbance of minerals
6 (1) Expropriation of surplus lands
(2) Elective date for assessing compensation
7 (1) Crown lands not expropriated
(2) Lands used for public services
(3) May be shown on plan
(4) Lands owned by authority shown on plan
(5) Crown lands shown on highways plan
8 (1) Expropriation of land of authority
(2) Paramount rights preserved
(3) Considerations in municipal expropriation
(4) Jurisdiction over expropriated land
9 (1) Confirming authority
(2) Confirming authority not to delegate
(3) Amendment of declaration
(4) Service of confirming order
(5) Time limited for making order
(6) Order as evidence of compliance with Act
(7) Powers not enlarged
(8) Where inquiry not necessary
(9) Service of direction
(10) Where Schedule A not to apply
10 (1) Application to quash
(2) Restriction on actions
(3) Application of subsection 23(1)
11 (1) Registration of declaration
(2) Better description or plan required
(3) Effect where expropriated interest not stated
(4) Effect of statement of expropriated interest on other interests
12 (1) Declaration may be corrected
(2) Service of corrected declaration
(3) Where district registrar may refuse correction
(4) Proof of signatures not required
13 (1) Vesting of title
(2) Certificate of title
(3) Authority deemed a purchaser
(4) Filing plan of lands for highways, etc
(5) Requirements for plan
(6) Application of subsections 7(3), (4) and (5)
(7) Effect of filing plan
(8) Statement upon opening or dedicating highway
14 Notice of expropriation
15 (1) Application to commission to determine compensation
(2) Certification of amount by commission
(3) Certified amount is binding
(4) Authority to pay prescribed fee
(5) Commission may vary certified amount
(6) Authority to pay costs of owner
(7) Commission may determine costs
16 (1) Offer of compensation
(2) Offer may contain offer of due compensation
(3) Offer of further portion of due compensation
(4) Offer may refer to amounts owing under liens
(5) Offer to holder of lien, etc.
(6) Offer to be held open for acceptance
(7) Repealed
17 Agreement interrupts proceedings
18 and 19 Repealed
20 (1) Right to take possession
(2) Notice for possession
(3) Court may vary date
(4) Order for possession
(5) Writ for possession
(6) Execution of writ
(7) Judgment for costs
21 Notice of intention to vacate required
22 (1) Occupant liable for waste
(2) Owner liable for realty taxes
23 (1) Extending time for doing any act
(2) Failure to act in time
24 (1) Application to extend time in special cases
(2) Ex parte application
(3) Effect of extension of time under sec. 8 of Sch. A
(4) Effect of order extending time under subsec. 9(5)
(5) Filing of order in L.T.O.
(6) Service of order
25 (1) Authority to compensate for injurious affection
(2) Effect of injurious affection under certain Acts
(3) Effective date for determining compensation
26 (1) Due compensation for land
(2) Special value of residence of owner
(3) Equivalent reinstatement in certain cases
27 (1) Market value defined
(2) Factors not considered
(3) Determining market value in certain partial takings
(4) Unit value of land in certain cases
28 (1) Compensation for disturbance of owner
(2) No disturbance considered in certain cases
(3) Compensation for disturbance of lessee
29 (1) Loss of goodwill of business
(2) Determination of business loss may be deferred
30 (1) Injurious affection in partial takings
(2) Partial taking defined
(3) Due compensation to include amount for injurious affection
31 (1) Injurious affection where no land taken
(2) Time for making claim limited
(3) Saving rights of persons under disability
(4) Repealed
32 Betterment considered
33 (1) Payment for security interests
(2) Due compensation in place of land
(3) Satisfaction of security interests and debt
(4) Disturbance of security interests
(5) Payment for security interest on partial taking
(6) Conditions of security interest varied
(7) Debt under security interest preserved
34 (1) Authority may undertake to mitigate
(2) Form and service of undertaking
(3) Securing performance of undertaking
(4) Undertaking as part of settlement
(5) Undertaking as part of determination
35 (1) Interest payable by authority
(2) Time from which interest runs
(3) Only on unpaid compensation
(4) Commission may increase interest rate as penalty
36 Voluntary payment of compensation authorized
37 (1) Repealed
(1.1) Limitation re declaration registered after September 1, 1993
(2) Limitation re declaration registered after July 1, 1980 and before September 1, 1993
(3) Repealed
(4) Transitional: where commission has determined compensation
(5) Owner may proceed to Q.B. or Court of Appeal
(6) Transitional: where no proceedings have been commenced
(7) Owner may proceed to court or commission
(8) Transitional: where court proceedings commenced without commission determination
(9) Discontinuance of court proceeding bars claim
38 Repealed
39 Commission may join claims
40 to 43 Repealed
44 (1) Appeal of certified amount to Court of Appeal
(2) Powers of Court of Appeal
(3) Costs
45 Due compensation stands in stead of land
46 (1) Rent may be abated
(2) Frustration of lease
47 Successors in title bound
48 (1) Authority may make payment into court
(2) Authority to give notice to claimants
(3) Court may order particulars filed
(4) Court to adjudicate claims
(5) Effect of order of distribution
(6) Where no claim is filed for money
49 Payment where compensation less than $1,000.
50 (1) Abandonment of expropriation
(2) Effect of abandonment
51 (1) Restriction on disposal of expropriated land
(2) Application of subsection (1)
52 Right to entry for survey, etc.
53 (1) Appointment of personal representative
(2) Where owner cannot be found
(3) Act of representative binding
54 (1) Mode of service
(2) Effective date of service by mail or publication
55 Regulations
SCHEDULE A
1 Notice of intended expropriation
2 Contents of notice
3 Notice of objection
4 (1) Confirming authority's action
(2) Appointment of inquiry officer
(3) Costs of inquiry officer
(4) Legal costs of owner
(5) Taxing of legal costs
5 (1) Notice of public hearing
(2) Two or more matters dealt with at one inquiry
6 (1) Parties to inquiry
(2) Duties of inquiry officer
(3) Restrictions on inquiry
7 Revoking appointment of inquiry officer
8 Report of inquiry officer
9 (1) Action after report
(2) Copies of report to parties
SCHEDULE B
FORM 1
Declaration of Expropriation
- or -
SCHEDULE B
FORM 2
Notice of Expropriation
SCHEDULE B
FORM 3