Inquiry - FAQs
 
Minimize What can I expec at the Inquiry?

The Inquiry is an oral hearing open to the public. The Inquiry Officer is responsible for determining the procedure to be followed at the Inquiry. Generally speaking:

 1.     The Expropriating Authority will provide their documents and arguments as to why the proposed expropriation is fair, sound and reasonably necessary to accomplish their objective.

 2.     Parties to the Inquiry may ask questions of the Expropriating Authority.

 3.     Parties may then bring forward their evidence and arguments in support of their objection to the proposed expropriation. The Expropriating Authority may then question the parties on their evidence.

The Inquiry Officer may attend and inspect the lands as part of its Inquiry.

Minimize The Approving Authority approved the expropriation, but the Expropriating Authority has not taken any further steps. Could this mean that they are not taking my land?

 The Expropriating Authority must register a Certificate of Approval within a certain period of time (120 days, or longer if an extension has been granted). If the Expropriating Authority does not register the Certificate of Approval within this time, the legislation presumes the expropriation has been abandoned and the Notice of Intention to Expropriate (NOITE) lapses.

 An Expropriating Authority may abandon its intention to expropriate either wholly or partially at any time before registration of the Certificate of Approval, and shall serve a notice of abandonment on all owners and notify the Land Titles Office as well.

 

Minimize Who pays my costs?

Generally speaking, in an expropriation, the Expropriating Authority is responsible for the costs incurred as a result of an expropriation. However, what costs an Expropriating Authority is responsible for depends on the circumstances. Regarding Inquiries and abandoned expropriations, the following sections apply:

Inquiry costs: The expropriating authority shall pay the owner’s reasonable costs in connection with the inquiry, unless the Inquiry Officer determines that special circumstances exist to justify the reduction or denial of costs (Expropriation Act, section 15(10)).

Where an expropriation is abandoned: If an expropriation has been abandoned, the expropriating authority shall pay to the owner any actual loss sustained by the owner and the reasonable legal, appraisal and other costs incurred by the owner up to the time of abandonment, as a consequence of the initiation of the expropriation proceedings (Expropriation Act, section 24(3)).

Copyright 2019 by Alberta Land Compensation Board   |   Terms Of Use   |   Site Map
Website Design by Primal Tribe
About Us  |  Expropriation  |  Applications  |  Resolving Disputes  |  Orders  |  Resources