Q: What Act is the LCB governed by?
Q: Are there standard forms used to file an application with the LCB?
Forms can be found in the Expropriation Act Rules of Procedure and Practice
Q: Does the LCB accept faxed copies of the Application and Reply to Application or only originals?
Yes the LCB does accept faxed copies of the Application and Reply and will file the faxed copies on the date they are received. However the Board must receive the originals within 15 days of receiving the faxed copies.
Q: Are there definitions located in the Act?
Yes -Section 1 of the Expropriation Act Rules of Procedure and Practice and Section 1 of the Expropriation Act
Q: What is the procedure to follow when filing an application with the LCB?
Refer to Sections 2 and 3 of the Expropriation Act Rules of Procedure and Practice
Q: Can I recover costs I incur with this Application?
Yes. Sections 35 and 39 of the Expropriation Act
Q: Can the decision of the LCB be appealed?
Yes. Section 37 of the Expropriation Act
Q: Am I entitled to interest?
Interest is at the discretion of the Board Section 66 of the Expropriation Act
Q: Do I need a lawyer?
Although there is no requirement that a lawyer respresent you during the hearing, having a lawyer represent your interests may be a good idea. The Land Compensation Board hearings are, in some ways, like a civil case before a judge.
Lawyers are trained to present a client's case, cross-examine the other side's witnesses, and make arguments on what the Land Compensation Board's decision should be. The lawyer can also assist in arranging for experts, if they are needed to make your case.
Q: Do I have to pay for all this?
Costs are governed by Sections 35 & 39 of the Expropriation Act. Generally, costs may arise from:
- hiring a lawyer
- paying for an independent appraisal
- researching and preparing your submission
- attending the hearing
Following the hearing, the Board considers requests for costs and orders the expropriating authority to pay reasonable costs.