When does a municipality's planning decisions amount to a
de facto expropriation of land, and when is the owner entitled to
compensation? These issues were considered by the Supreme Court of
Canada in its October 21, 2022, decision in Annapolis
Group Inc. v. Halifax Regional Municipality.
Beginning in the 1950s, Annapolis assembled 965 acres of land
with the intent of development and resale. In 2006, Halifax
approved a planning strategy intended to guide land development in
the region over the next 25 years. Part of the Annapolis land was
identified for possible inclusion in a future regional park. Some
of the land was designated ‘urban settlement' in which
prescribed development would be permitted, and other parts were
designated ‘urban reserve,' intended to be held for
future development beyond the 25-year life of the regional plan.
Any serviced development of the land required Halifax's
council to adopt a resolution authorizing a secondary planning
process and an
