Has Annapolis Expanded The Law Of Constructive Expropriation In BC?

Introduction

Where the government forcibly takes an individual's property for public use or in the public interest through formal expropriation procedures, this is referred to as de jure taking. In these situations, the strict procedural requirements set out in the Expropriation Act¹ must be followed, and the respective property owner must be compensated. However, situations may arise where the actions of a government body interfere with the property rights of an individual or entity to such an extent that the property is effectively taken, despite no formal process of expropriation or transfer of title. These situations are referred to as de facto or constructive expropriation.