The Land Compensation Board is a quasi-judicial board established by the Expropriation Act. 
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Application for Determination of Compensation (ADC) - Overview of Process

Application for Determination of Compensation (ADC)

A form for the Application to Determine Compensation (ADC) can be found in Form 1 of the Schedules of the Expropriation Act Rules of Procedure and Practice. Claims must clearly outline the basis for the claim, the amount of the claim and the legislation and section that supports the claim.

The Claimant (the Owner) must serve the application on the Respondent (the Expropriating Authority) and file the ADC with the Board within ten days of service. Claimants must also file an affidavit of service to the Board, pursuant to Rule 2(2) of the Expropriation Act Rules of Procedure and Practice. For method of service (delivery of documents), please see section 67 (Expropriation Act, section 67).

ADCs can be filed at the Board in hard copy or electronically. Forms can be emailed to: srb.lcb@gov.ab.ca, faxed to: (780) 427-5798 or mailed to: 1229 91 Street SW Edmonton, AB T6X 1E9

Reply to Application for Determination of Compensation

Within 21 days of service of the ADC, the Respondent must serve a Reply to Application for Determination of Compensation (Reply) on the Claimant. In addition, within 10 days the Respondent must file a copy of the Reply with the Board and an Affidavit proving service of the Reply (Expropriation Act Rules of Procedure and Practice, Rule 3). Once a Reply is received, either the Claimant or the Respondent can contact the Board through email or letter to have the claim moved forward to a hearing.

DRC

When the parties indicate their intention to move a matter forward, a Pre-Hearing Dispute Resolution Conference (DRC) is held, typically by conference call, to identify key issues and determine next steps. Before a hearing takes place, parties may settle the dispute or request mediation. Both parties must agree for the matter to proceed to mediation.

Hearing

Hearings are usually in person and adjudicated by a Panel of Board Members who are appointed by the Chair. At a hearing, parties may bring witnesses to testify and provide evidence and arguments to the Panel. 

For a more detailed description of the hearing process, please click here.

After the Hearing

Following the hearing, the Board will issue its decision based on the evidence and argument presented at the hearing. The decision will be made in the form of an Order.

Parties may appeal any determination or order of the Board to the Alberta Court of Appeal (Expropriation Act, section 37(2)). The Court of Appeal may refer any matter back to the Board, or may make any decision or order that the Board has the authority to make (Expropriation Act, sections 27(2)(a) and (b)).

 
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Note: The information contained in this website is provided for informational purposes only and should not be construed as legal advice on any matter.