R.S.M. 1987, c. E190

The Expropriation Act

Back to the Act

Table of Contents

1		Definitions.
	(2)	Expropriation deemed a "work".
2		Application of Act.
	(2)	Conflict with other Acts.
	(3)	Crown is bound.
3		Exercise of expropriation power.
4		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		Expropriation of surplus lands.
	(2)	Elective date for assessing compensation.
7		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		Expropriation of land of authority.
	(2)	Paramount rights preserved.
9		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		Application to quash.
	(2)	Restriction on actions.
	(3)	Application of subsection 23(1).
11		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		Declaration may be corrected.
	(2)	Service of corrected declaration.
	(3)	Where district registrar may refuse correction.
	(4)	Proof of signatures not required.
13		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		Certificate of Land Value Appraisal Commission.
	(2)	Certificate not binding on owner.
	(3)	Certificate binds authority.
	(4)	Proceedings not prejudicial.
	(5)	Fees and charges before Land Value Appraisal Commission.
	(6)	Variation of certificate.
	(7)	Determination of costs.
16		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)	Amendment of offer.
17		Agreement Interrupts proceedings.
18		Effect of offer of certified amount
	(2)	Offer where certificate varied.
19		Payment into court of agreed amount.
20		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		Occupant liable for waste.
	(2)	Owner liable for realty taxes.
23		Extending time for doing any act.
	(2)	Failure to act in time.
24		Application to extend time in special cases.
	(2)	Ex parte application.
	(3)	Effect of extension of time under sec. 8 of Sched. A.
	(4)	Effect of order extending time under subsec. 9(5).
	(5)	Filing of order in L.T.O.
	(6)	Service of order.
25		Authority to compensate for injurious affection.
	(2)	Effect of injurious affection under certain Acts.
	(3)	Effective date for determining compensation.
26		Due compensation for land.
	(2)	Special value of residence of owner.
	(3)	Equivalent reinstatement in certain cases.
27		Market value defined.
	(2)	Factors not considered.
	(3)	Determining market value in certain partial takings.
	(4)	Unit value of land in certain cases.
28		Compensation for disturbance of owner.
	(2)	No disturbance considered in certain cases.
	(3)	Compensation for disturbance of lessee.
29		Loss of goodwill of business.
	(2)	Determination of business loss may be deferred.
30		Injurious affection in partial takings.
	(2)	Partial taking defined.
	(3)	Due compensation to include amount for injurious affection.
31		Injurious affection where no land taken.
	(2)	Time for making claim limited.
	(3)	Saving rights of persons under disability.
	(4)	Limitation period for action.
32		Betterment considered.
33		Payment for security interests.
	(2)	Due compensation for land stands 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		Undertakings of authority to mitigate damage.
	(2)	Requirements for undertaking.
	(3)	Binding effect.
	(4)	Court may order performance.
	(5)	Court may impose conditions.
35		Authority to pay interest.
	(2)	Time from which interest runs.
	(3)	Only on unpaid compensation.
	(4)	Court may increase interest rate as penalty.
36		Voluntary payment of compensation authorized.
37		Court to determine due compensation.
	(2)	Limitation period in respect of declarations registered after July 1, 1980.
	(3)	Limitation period where declaration registered on or before July 1,1980.
38		Judges may make rules.
39		Several claims may be joined.
40		Number of expert witnesses limited.
41		Judge may inspect land.
42		Judge to furnish particulars of amount adjudged.
43		When owner entitled to costs.
	(2)	When costs discretionary.
	(3)	Costs before L.V.A.C.
44		Appeal.
	(2)	Practice on appeal.
	(3)	Appeal as to fact and law.
	(4)	Costs where authority appeals.
	(5)	Costs where owner appeals.
45		Due compensation stands in stead of land.
46		Rent may be abated.
	(2)	Frustration of lease.
47		Successors in title bound.
48		Payment into court.
	(2)	Notice.
	(3)	Court to adjudicate claims.
	(4)	Costs may be ordered.
	(5)	Effect of order.
49		Payment where compensation less than $1,000.
50		Abandonment of expropriation.
	(2)	Effect of abandonment.
51		Restriction on disposal of expropriated land.
	(2)	Application of subsec. (1).
52		Right to entry for survey, etc.
53		Appointment of personal representative.
	(2)	Where owner cannot be found.
	(3)	Act of representative binding.
54		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		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		Notice of public hearing.
	(2)	Two or more matters dealt with at one inquiry.
6		Parties to inquiry.
	(2)	Duties of inquiry officer.
	(3)	Restrictions on inquiry.
7		Revoking appointment of inquiry officer.
8		Report of inquiry officer.
9		Action after report.
	(2)	Copies of report to parties.
SCHEDULE B
FORM 1
Declaration of Expropriation
(Section 4)
SCHEDULE B
FORM 2
Notice of Expropriation
(Section 14)
SCHEDULE B
FORM 3
Notice under section 18 where amount certified by
Land Value Appraisal Commission
NOTICE