Land Expropriation
Occasionally, governments need privately owned land to build or make necessary changes to infrastructure. This is known as acquiring land for a public benefit or purpose. The goal is to work with owners to reach an agreement that is fair for everyone. Considered a last resort, ‘expropriation’ is the legal process by which a government is permitted to take private interests in land for a public benefit when the government and owner are unable to reach an agreement. The process is governed by BC’s Expropriation Act and can be applied to a portion of the land or the entire parcel. The process and timelines for notices, approvals, payments and possession dates are directed by the Act.
The District would always prefer to reach a voluntary agreement good for all parties over the expropriation process.
Overview of the process
To start the expropriation process, District Council must pass a resolution. Then, there are legal steps that need to be taken, including the opportunity for the owner to file a Notice of Objection and go through a review process.
When expropriating land, the land owners is paid fair market value as determined by an independent third party appraiser.