Expropriation for Residential Properties
Protecting your property rights when the government needs your land.
Guidance Through Residential Expropriation
Expropriation can be a disruptive and stressful process. When government or public utilities need your property for public projects, you have rights that must be respected. We take the burden away from property owners, ensuring you receive fair compensation.
The expropriation of land is a legal right vested in all levels of government, government agencies and public utility companies for purposes deemed to be of public interest. This happens for various reasons, including widening of roadways, highway construction, transportation systems, provincial infrastructure, and oil and gas pipelines. While the expropriating authority has significantly more power and is well-versed in the process, the Expropriation Act provides that every person whose land is expropriated shall be compensated.
Knowing Your Legal Rights
As a property owner, your rights include being notified that your property may be expropriated, the ability to challenge the valuation of your property, having your legal fees and costs almost always paid by the expropriating authority, and having legal representation from the commencement of the process.
Before taking possession of the property, the expropriating authority must provide you with documentation affecting expropriation, an offer for full compensation of your interests, and a copy of the appraisal report on which compensation was determined.
Compensation and Valuation
Compensation payable is the aggregate of the market value of your land or home, damages for injurious effect, the value of any special economic advantage arising from your occupation of the land, and reasonable costs, expenses and losses resulting from your disturbance.
If you cannot agree with the expropriating authority on compensation, both parties can serve a Notice of Negotiation on the Nova Scotia Utility and Review Board to determine the amount. Where the Board determines compensation to be more than what was offered, the expropriating body pays your costs as determined by the Board.
How We Can Help
Our team is knowledgeable in land expropriation, and we protect our clients’ rights and interests. For those facing expropriation or the prospect of expropriation, we provide legal representation throughout the negotiation process to ensure you receive fair compensation.
We have handled many expropriation cases acting on behalf of land owners, farm owners and homeowners across Nova Scotia and Atlantic Canada.
Your inquiry is confidential and only used to connect you with our team.
Residential Expropriation Lawyer
Legal Services:
- Estate Litigation
- Expropriation
- Loan and Mortgage Enforcement
Languages:
English
Frequently Asked Questions
What is expropriation?
Expropriation is the process of a statutorily authorized body taking private land and/or family homes for a purpose deemed to be of public interest. This often includes widening of roadways, highway construction, transportation systems, provincial infrastructure and oil and gas pipelines.
How much will it cost me?
Subject to some limitations, your legal costs are generally indemnified by the expropriating body. These costs include legal fees, disbursements, and expert fees.
What if I decline the expropriating authority’s offer?
Nova Scotia legislation provides that the expropriating body can make a statutory offer. Should you decline the statutory offer and not achieve a better result upon determination by the Board, the Board determines your entitlement to costs.
Disputes & Representation
Explore all services in this area:
- Personal Injury Claims: Compassionate legal support to help you recover, deal with insurers, and pursue fair compensation after an injury caused by someone else’s negligence.
- Criminal Charges: Experienced defence focused on protecting your rights, your reputation, and your future when facing criminal allegations.
- Record Suspensions: Guidance through the record suspension process so you can move forward with renewed opportunities for employment, parenting, and personal freedom.
- Employment & Labour for Employees: Strong representation when workplace issues arise, helping you navigate wrongful dismissal, discrimination, and unfair treatment.
- Estate Disputes: Support for resolving conflicts over wills, estates, and executor decisions, helping families find clarity during an already difficult time.
- Expropriation for Residential Properties: Legal guidance to protect your rights and secure fair compensation when your property is taken for public projects.
