Acts and Regulations

E-14 - Expropriation Act

Section 24
Disposition versions

Full text
Abandonment
24(1)Where at any time after a notice of expropriation has been registered, but before expropriation proceedings are completed, an expropriating authority determines that all or part of the land is not needed for the purposes for which it was expropriated or that a more limited estate or interest therein only is required, the expropriating authority may serve a notice of intention to abandon upon each known owner who may, by election in writing,
(a) take the land back, in which case he is entitled to reasonable legal, appraisal and other costs and consequential damages suffered by him, or
(b) require the expropriating authority to retain the land,
and where the election is not made within thirty days of the service of the notice of intention to abandon, he shall be deemed to have elected to take the land back.
24(2)For the purposes of subsection (1), expropriation proceedings are completed where
(a) all compensation proceedings in respect of land described in the notice of expropriation are completed, including appeals,
(b) all compensation has been paid in full, and
(c) physical possession of all lands described in the notice of expropriation has been given up to the expropriating authority.
24(3)Where all the owners upon whom a notice of intention to abandon has been served elect to take the land back, the expropriating authority may register in the appropriate registry office a declaration of abandonment, executed in the manner required for a notice of expropriation and describing the land or part thereof that is abandoned by the expropriating authority and the land or part thereof that is retained, and shall serve a copy thereof upon each owner.
24(4)Upon registration of the declaration of abandonment, the land declared to be abandoned revests in the person from whom it was taken or in those entitled to claim under him, and every interest held therein by that person prior to the expropriation is restored as if the expropriation had not occurred.
24(5)Where a person who was an owner at the time of the expropriation
(a) holding the whole of the freehold interest, subject to a more limited interest in another owner,
(b) holding the whole of the equitable title to land subject to a mortgage, or
(c) holding under an agreement of sale and purchase the whole of the equitable interest in the land,
elects under subsection (1) to take back the land, and the owner of another interest in the land elects to require the expropriating authority to retain the land, the expropriating authority shall, upon payment to the expropriating authority by the owner electing to take back the land of an amount equal to the amount paid or payable under paragraph 37(1)(b) or any other provision of this Act in respect of all other interests in the land, reconvey to that owner his interest in the land unencumbered by any other interest in respect of which the owner has paid the expropriating authority.
24(6)Where a declaration of abandonment is registered under subsection (3), or a conveyance is made under subsection (5), each owner who has elected to take back the land shall return to the expropriating authority all sums received by him as compensation, less such amount by way of set-off as he is entitled to by way of compensation or damages referred to in paragraph (1)(a).
1973, c.6, s.24; 1987, c.6, s.26
Abandonment
24(1)Where at any time after a notice of expropriation has been registered, but before expropriation proceedings are completed, an expropriating authority determines that all or part of the land is not needed for the purposes for which it was expropriated or that a more limited estate or interest therein only is required, the expropriating authority may serve a notice of intention to abandon upon each known owner who may, by election in writing,
(a) take the land back, in which case he is entitled to reasonable legal, appraisal and other costs and consequential damages suffered by him, or
(b) require the expropriating authority to retain the land,
and where the election is not made within thirty days of the service of the notice of intention to abandon, he shall be deemed to have elected to take the land back.
24(2)For the purposes of subsection (1), expropriation proceedings are completed where
(a) all compensation proceedings in respect of land described in the notice of expropriation are completed, including appeals,
(b) all compensation has been paid in full, and
(c) physical possession of all lands described in the notice of expropriation has been given up to the expropriating authority.
24(3)Where all the owners upon whom a notice of intention to abandon has been served elect to take the land back, the expropriating authority may register in the appropriate registry office a declaration of abandonment, executed in the manner required for a notice of expropriation and describing the land or part thereof that is abandoned by the expropriating authority and the land or part thereof that is retained, and shall serve a copy thereof upon each owner.
24(4)Upon registration of the declaration of abandonment, the land declared to be abandoned revests in the person from whom it was taken or in those entitled to claim under him, and every interest held therein by that person prior to the expropriation is restored as if the expropriation had not occurred.
24(5)Where a person who was an owner at the time of the expropriation
(a) holding the whole of the freehold interest, subject to a more limited interest in another owner,
(b) holding the whole of the equitable title to land subject to a mortgage, or
(c) holding under an agreement of sale and purchase the whole of the equitable interest in the land,
elects under subsection (1) to take back the land, and the owner of another interest in the land elects to require the expropriating authority to retain the land, the expropriating authority shall, upon payment to the expropriating authority by the owner electing to take back the land of an amount equal to the amount paid or payable under paragraph 37(1)(b) or any other provision of this Act in respect of all other interests in the land, reconvey to that owner his interest in the land unencumbered by any other interest in respect of which the owner has paid the expropriating authority.
24(6)Where a declaration of abandonment is registered under subsection (3), or a conveyance is made under subsection (5), each owner who has elected to take back the land shall return to the expropriating authority all sums received by him as compensation, less such amount by way of set-off as he is entitled to by way of compensation or damages referred to in paragraph (1)(a).
1973, c.6, s.24; 1987, c.6, s.26