The Land Compensation Board is a quasi-judicial board established by the Expropriation Act. 
Section 534 Application

According to section 534 of the Municipal Government Act, the Municipality is required to notify owners of land abutting a public work or structure that they may be entitled to compensation from the Municipality within one year after the construction is completed.

If the owner and the Municipality are not able to agree on the amount of compensation for injurious affection, they may agree to have the amount determined by binding arbitration, or by the Board. 

Except in exceptional circumstances, the Board will not award solicitor-client costs for costs incurred in a section 534 application.

 

How to apply

Minimize STEP 1: File a Claim with the Municipality
Once an owner of land has received a notice that construction has been completed, the owner has 60 days to file a claim with the Municipality. The claim must include:
           a) the amount claimed; and
           b) the particulars of the claim.

In order to establish a claim, an appraisal will likely be required.
Minimize STEP 2: Discuss the Claim with the Municipality
Once an owner has filed a claim with the Municipality, the claimant and the Municipality will discuss the particulars of the claim.
Minimize STEP 3: Arbitration
If the parties are unable to agree to the amount of the claim, the claimant and the Municipality may agree to determine the claim through binding arbitration
Minimize STEP 4: Applying to the Land Compensation Board
  1. If the parties do not agree upon binding arbitration, a claimant may file its claim with the Board, and the Board will determine compensation.
  2. Section 534 claims before the Board should be commenced by filing an Application for Determination of Compensation (ADC). For more information on how to file an ADC, please click here.
  3. Even though a section 534 claim is different than an expropriation, the Board will follow the procedures in the Expropriation Act and the Expropriation Act Rules of Procedure and Practice to the greatest extent possible.
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This website provides general guidance only and is not offered as legal advice. Each case is unique. The details on this website may not apply to every case, or to future decisions of the Board. Please contact the Land Compensation Board office if you have any questions.