The Expropriations Act: The Indemnity Principle And Costs

There has been little in terms of legislative reform in the expropriation context for several decades. The common law has assisted in providing guidance on how interest and cost provisions in expropriation statutes should be interpreted. The cost and interest provisions in the Expropriations Act are unique and much different from standard civil litigation as no one chooses to be expropriated. An understanding of these provisions is critical in appreciating their role in settlement discussions, mediation and hearings in the expropriation context.

The entitlement of expropriated property owners to recover their reasonable legal, appraisal and other costs is an essential part of the compensatory scheme pursuant to the Expropriations Act.