Where land is expropriated, the compensation to the owner is based on the market value of the land and, depending on the circumstances, damages for disturbance and for injurious affection (devaluation of the owner’s remaining land, where only part of his or her land is taken), and the value of any special economic advantage that the owner enjoyed because of occupying the land. The purpose of compensation is to make the owner, as much as possible, “whole”. The Expropriation Act sets out additional guidelines for assessing compensation for special purpose structures and for compensating business owners, tenants, and holders of security interests. It also sets out various factors that must be disregarded when determining compensation, such as the fact that the expropriation was compulsory, how the land will be used by the expropriating authority, and any changes in the value of the land that are connected with the expropriation proceedings.
Stay up to date
Sign up to receive updates from Alberta Land Institute.Keep Me Updated
Similar topics of interest
Under Canadian law as it currently stands, the outright taking of private land for public purposes ordinarily triggers a right to compensation in accordance with expropriation legislation.Learn More →
The Expropriation Act requires the expropriating authority to propose terms of compensation to the owner within 90 days of the approval of the expropriation.Learn More →
When an expropriating authority decides to acquire private land, it must first notify every person who has an interest in the land it intends to take. The Expropriation Act specifies the information that must be included in the notice of intention.Learn More →
A public authority pursuant to its statutory powers may regulate the use of land or restrict other property rights of the owner, and although title to the land is unaffected, the landowner may feel the impact of the regulation as acutely as if the land had been expropriated.Learn More →