The Land Compensation Board is a quasi-judicial board established by the Expropriation Act. 
 
Expropriation
 
Approval of Expropriation

If the Expropriating Authority is not the Crown or a Municipality, the Board is the Approving Authority. As the Approving Authority, the Board may be responsible for inquiring into whether the intended expropriation is fair, sound and reasonably necessary in the achievement of the objectives of the Expropriating Authority.

The Expropriating Authority must file the Notice of Intention to Expropriate (NOITE) with the Board and serve the NOITE on every person with an interest in the land. The NOITE must also be published in at least two issues of the local newspaper, no fewer than seven or more than 14 days apart. After the Expropriating Authority files a NOITE, there are three potential scenarios:

(1) No objection to expropriation:

If the Board does not receive an objection, the Approving Authority may approve the expropriation. The Approving Authority must be satisfied that all required persons have been served with the NOITE and no one objects to the expropriation.

(2) Objection to expropriation:

An owner may object to the expropriation itself (not just the compensation payable) by filing an objection with the Board within 21 days of being served with the NOITE. When an owner objects, the Board is appointed as an Inquiry Officer to conduct an Inquiry Hearing into whether the expropriation is fair, sound and reasonably necessary in the achievement of the objectives of the Expropriating Authority (Expropriation Act, section 6(2)). For more information on how to request an Inquiry, please click here:

  1. After the Inquiry, a written Inquiry Report is prepared outlining the findings and opinion on the merits of the expropriation.
  2. The Board, acting as the Approving Authority, will then consider the Report and approve, modify or reject the expropriation and provide its reasons in writing.
  3. If the expropriation is approved, the Board will send the Expropriating Authority a Certificate of Approval to be filed at the Land Titles Office.

(3) No objection to expropriation, but disagreement over compensation:

If an expropriation has been approved and an owner disagrees with the amount of compensation, an owner may file an Application for Determination of Compensation (ADC) and follow the ADC process, outlined here. An owner may dispute compensation, even if they did not object to the expropriation.

 
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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.