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ARTICLE · 22 MAY 2024

Expropriation And Fair Compensation

Lindsay Kenney LLP
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Consider a scenario where a government authority (federal, provincial or municipal) advises you that it will be expropriating your residential or business property.

CanadaGovernment, Public Sector
Brad Martyniuk
Brad Martyniuk

Consider a scenario where a government authority (federal, provincial or municipal) advises you that it will be expropriating your residential or business property.

What compensation are you entitled to?

The British Columbia Expropriation Act, RSBC 196, c. 125, provides that the property owner is entitled to "market value" of the owner's interest in the property (plus reasonable damages in appropriate cases).

The determination of market value can be a challenging one. For example, in the recent case of Chen v. Township of Langley, 2024 BCSC 154, the British Columbia Supreme Court ultimately determined that the Chens were entitled to an increased payment of more than 37% above what the Township offered and paid as "market value".

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About Mackrell International – Canada - Lindsay Kenney LLP is a full service business law firm with offices in Vancouver and Langley, BC and a member of Mackrell International. Mackrell International – Canada is comprised of four independent law firms in Alberta, British Columbia, Ontario and Quebec. Each firm is regionally based and well-connected in our communities, an advantage shared with our clients. With close relations amongst our Canadian member firms, we are committed to working with clients who have legal needs in multiple jurisdictions within Canada.

This article is intended to be an overview and is for informational purposes only.

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