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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 |