Expropriation typically refers to the legal process allowing governments in Canada to take private property for public use with compensation. In Alberta, the governing legislation is the Expropriation Act. More information on the government process can be found at https://www.alberta.ca/expropriation
Expropriation and Surface Rights
Sometimes, governments and utility companies can affect landowners’ rights by forcibly taking privately owned land.
Expropriation and Surface Rights
Sometimes, governments and utility companies can affect landowners’ rights by forcibly taking privately owned land. Those landowners have been coming to Prowse Barrette LLP for over 40 years to shield themselves from the government and big businesses and to gain professional assistance to maximize compensation.
Governments take owners’ land rights for public projects through Expropriation. Energy and utility companies can force themselves on landowners through Surface Rights legislation. Landowners’ rights and remedies are subtly different depending upon which legislation is applied. The common element in each case is that the exact legal procedures specific to each type of taking must be precisely followed. Our lawyers have the knowledge and experience to ensure our clients’ rights are maintained no matter the process or purpose of the proposed taking.
Compensation
While we can’t always stop the taking, Prowse Barrette LLP lawyers can and do maximize our clients’ compensation. We do so by utilizing the provisions of the applicable Statutes, applying the court precedents developed around those laws and using our considerable experience interpreting those laws and cases to our client’s advantage. We utilize expert witnesses, our clients’ testimony and our advocacy to recover market value and damages including injurious affection, severance, business losses, personal expenditures, special economic advantage, equivalent reinstatement (home for home), interest, penalty interest, reclamation costs and much more. Each case is different and we take the time to walk the lands, know our clients and their businesses and really appreciate all impacts. Using the costs provisions of the Expropriation and Surface Rights Acts we are most often able to resolve cases without any legal costs to our clients whatsoever.
Our Leadership
Prowse Barrette LLP is an undisputed leader in this field. With our skills, knowledge and expertise gleaned from decades of practice in this area, we have helped hundreds of landowners, tenants and leaseholders enforce their rights and recover complete compensation. While we have been involved in several landmark Court, Land Compensation Board and Surface Rights Board cases, the vast majority of our files have been concluded to our client’s satisfaction through negotiated settlements or creative use of Mediation or Arbitration processes.
To learn more about Expropriation and Surface Rights, please view some of the links on this page:
An Expropriation Timeline:
Expropriation Papers:
Expropriation Costs in Alberta
Valuation of Conservancy Interests
Incidental Damages—A Uniquely Alberta Approach
Expropriation of Farmland in Alberta
Land Compensation Board Orders:
Board Order 170 – Paterson Park v. Grande Centre
Board Order 387 – Mount Lawn Industries v. Edmonton
Board Order 396 – Koebernick v. Edmonton
Board Order 397 – Koziol v. Edmonton
Board Order 410 – Koziol v. Edmonton (penalty Interest)
Board Order 413 – Guaranty Properties v. Edmonton
Board Order 425 – Brese v. Edmonton
Board Order 427 – Friesen v. Alberta Infrastructure
Board Order 436 – Ordman v. Red Deer
Board Order 440 – Marks v. Westlock
Board Order 450 – James v. Forestburg
Board Order 453 – Ciphery v. Alberta Transportation
Board Order 455 – Clark v. North 43 Lagoon Commission
Board Order 501 – 657406 Alberta Ltd v. Alberta Transportation
Expropriation Inquiry Decisions:
Guaranty Properties Limited v. Edmonton
Yellowhead Motor Inn Ltd. v. Edmonton
Keg Restaurants Ltd. v. Wood Buffalo
1166404 Alberta Ltd. v. Red Deer
Moses v. Vermillion
Link to the: Alberta Land Compensation Board
Our Professionals
Frequently Asked Questions
What is expropriation?
Is expropriation the same as eminent domain?
Eminent domain is the term used for a similar legal process in the United States. While terminology differs, both systems require a valid public purpose and fair compensation to affected landowners. Canada and Alberta have a unique set of laws applicable to Expropriation.
What are surface rights in Alberta, and how can they be expropriated?
In Alberta, surface rights are the legal rights to use and occupy the surface of land. These rights can be expropriated by a government, municipality, or authorized entity for public infrastructure projects, provided statutory procedures are followed and the landowner receives fair compensation under Alberta law.
Surface rights are distinct from mineral rights and commonly affected by roads, utilities, transmission lines, and public works. Expropriation typically occurs under the Expropriation Act or through regulatory processes involving the Alberta Energy Regulator and the Surface Rights Act. Even where consent is not required, compensation and procedural safeguards are mandatory.
What compensation is a landowner entitled to for expropriation in Alberta?
Alberta landowners whose property or surface rights are expropriated are entitled to fair compensation. This may include the market value of the land taken, damages for loss of use, disturbance costs, injurious affection to remaining lands, and reasonable professional fees, as provided under Alberta’s expropriation legislation.
Compensation is governed by the Expropriation Act and may be reviewed by the Land and Property Rights Tribunal if the parties cannot agree. Importantly, the expropriating authority is generally responsible for compensating reasonable legal and appraisal costs, even if the matter proceeds to a hearing.
Can I challenge an expropriation in Alberta?
Yes. Alberta landowners may challenge whether a proposed expropriation is fair, sound, and reasonably necessary. While the authority can proceed without consent, landowners can request a hearing to review the taking and can dispute the amount of compensation offered.
Objections are typically heard by an inquiry officer appointed by the Province, who reviews whether statutory requirements have been met. An inquiry officer renders a decision which must be considered by, but does not bind, the expropriating authority. Even if the expropriation proceeds, landowners retain full rights to negotiate or litigate compensation before the Land and Property Rights Tribunal or the Alberta Court of King’s Bench.