Expropriation
 
Objection to Expropriation
An Inquiry is only held if requested and only deals with the necessity of the Expropriating Authority to acquire the land. It DOES NOT deal with compensation.
 
Minimize Step 1: File an Objection

The Board acts as the Approving Authority when the Expropriating Authority is not the Crown or a Municipality.

The Expropriating Authority must file the Notice of Intention of Expropriate (NOITE) with the Board, serve the Notice on every person with an interest in the land and published in the local newspaper. An owner has 21 days after being served with a Notice of Intention to Expropriate to file an objection with the Board. The objection shall state:

a)       The name and address of the person objecting,

b)      The nature of the objection,

c)       The grounds on which the objection is based, and

d)      The nature of the interest of the person objecting.

Objections can be filed electronically at srb.lcb@gov.ab.ca.

At all times, the objecting owners and the Expropriating Authority are encouraged to discuss the proposed expropriation to see if the parties can reach an agreement.

Minimize STEP 2: The Inquiry

If the parties are unable to resolve the objection, the proposed expropriation proceeds to an Inquiry. The date, time and location will be determined, usually at a Pre-Hearing Dispute Resolution Conference (DRC). A notice outlining the details will be sent to the Expropriating Authority. Each party should come to the Inquiry prepared to present their case. The Inquiry Officer has control over the procedure at the Inquiry. Generally speaking, the Inquiry Officer may:

  1. Require the Expropriating Authority to attend the Inquiry and produce any maps, plans, studies and other documents necessary to conduct the Inquiry,  
  2. Add additional parties to the Inquiry – owners whose land would be affected by the expropriation and any person who appears to have a material interest in the outcome of the expropriation, 
  3. Give each party a reasonable opportunity to present evidence and argument – the Inquiry Officer may allow parties to examine and cross-examine each other,
  4. Visit and inspect the land, and 
  5. Combine multiple related inquiries into one hearing.
  6. The Expropriating Authority is responsible for the reasonable costs of the Inquiry Officer and the owner unless there are special circumstances.

For FAQs about an Inquiry, please click here.

Minimize STEP 3: The Inquiry Report
After conducting the Inquiry, the Inquiry Officer will issue a written report that summarizes the facts, issues, and the Inquiry Officer’s opinion on the merits of the expropriation and the reasons for that opinion. The Inquiry Report is a public document. It will be sent to all parties to the Inquiry.
Minimize STEP 4: The Approving Authority Decision

Once the Inquiry Report has been issued, a Panel of the Board must consider the Inquiry Report and determine whether to approve, modify or reject the proposed expropriation. The Approving Authority Panel will issue a written order, with reasons, to all the parties within 30 days of receiving the Inquiry Report. 

If the expropriation is approved, the Approving Authority will send the Expropriating Authority a Certificate of Approval to be registered at the Land Titles Office. The Certificate of Approval vests the expropriated interest with the Expropriating Authority once it is registered.

Minimize STEP 5: Determining Compensation

If an expropriation has been approved and Certificate of Approval registered at the Land Titles Office, an owner may file an Application for Determination of Compensation (ADC) with the Board to determine the compensation payable. The ADC process is described here.

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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.