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ARTICLE · 28 SEPTEMBER 2021

The Expropriation Process: Protecting Your Interests And Defending Your Rights

Expropriation is an operation that allows the government or certain public entities designated by law to dispossess a person from part or all of their property without their consent.

CanadaReal Estate and Construction

Expropriation is an operation that allows the government or certain public entities designated by law to dispossess a person from part or all of their property without their consent.

In certain cases, this can mean that a person will lose his business, his buildings or his real estate development project. In other cases, expropriation may also result in the relocation of a business with all the resulting costs.

An Exceptional Procedure

The law is clear: private property is inviolable. The only exception to this rule is expropriation, a procedure considered necessary for the common good. However, and this is paramount, the compensation offered by the public authority must be fair. The courts are in agreement to define what is fair: the expropriated person is entitled to receive the highest market value for his property, taking into account the income that he receives or could receive from its optimal utilisation. So, you are not only entitled to the value of the

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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