Expropriation is defined as the government's right to take
the whole or part of privately owned land for public use and
benefit, upon the obligation to pay just compensation to the owner.
Depending on the nature of the taking and the applicable
legislation, the owner of the property can receive compensation in
the form of market value of the property, injurious affection,
disturbance, and special value. Interest and consulting costs are
also commonly awarded in the owner's compensation package.
This paper serves as a refresher on basic principles of
expropriation and compensation. The main focus of this paper is to
provide a checklist of due compensation for the category of
"disturbance" which is generally broadly defined to
include any costs, expenses and losses arising of or incidental to
the expropriation. The law of expropriation has developed
significantly over the past 20 years, and in most Canadian
jurisdictions the law has undergone a complete
