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 |