Acts and Regulations

E-14 - Expropriation Act

Section 1
Disposition versions

Full text
Definitions
1In this Act
“Board” Repealed: 1983, c.31, s.1
“common-law partner” means a person who, not being married to an Officer, was cohabiting in a conjugal relationship with the Officer on the date of the Officer’s death and was cohabiting in a conjugal relationship with the Officer for a continuous period of at least 2 years immediately before the Officer’s death;(conjoint de fait)
“council of a municipality” Repealed: 2017, c.20, s.67
“Court” means The Court of King’s Bench of New Brunswick and includes any judge thereof;(Cour)
“expropriate” means to take land without the consent of the owner and, subject to the Clean Environment Act, includes diverting or authorizing the diversion of a watercourse where such diversion affects land of an owner other than the person diverting or seeking the authorization to divert the watercourse but does not include the cancellation or suspension of any lease, licence or permit under the Crown Lands and Forests Act or regulations thereto, or the withdrawal or removal, in accordance with that Act and regulations thereto, of any land from a licence made thereunder;(exproprier)
“expropriating authority” means any person authorized to expropriate by this or any other Act and includes a Minister of the Crown;(autorité expropriante)
“injurious affection” means,(préjudice)
(a) where a statutory authority takes part of the land of an owner,
(i) the reduction in market value thereby caused to the remaining land of the owner by the taking or by the construction of the works thereon or by the use of the works thereon or any combination of them, and
(ii) such personal and business damages resulting from the construction or use, or both, of the works as the statutory authority would be liable for if the construction or use were not under the authority of a statute, or
(b) where the statutory authority does not take part of the land of an owner,
(i) such reduction in the market value of the land of the owner, and
(ii) such personal and business damages,
resulting from the construction and not the use of the works by the statutory authority, as the statutory authority would be liable for if the construction were not under the authority of a statute,
and for the purpose of this definition, part of the land of an owner shall be deemed to have been taken where the owner retains land contiguous to that taken or retains land of which the use was enhanced by unified ownership with that taken;
“land” includes any estate, easement, licence or other right or interest in, to, over or affecting land;(bien-fonds)
“local government” means a local government as defined in subsection 1(1) of the Local Governance Act;(gouvernement local)
“municipality” Repealed: 2017, c.20, s.67
“Officer” means the Expropriations Advisory Officer appointed under section 3 and includes, for the purposes of paragraphs 10(1.1)(b) and (c), sections 11, 12, 13, 14, 15 and 17 and subsection 19(11.1), a person appointed under section 3.1;(commissaire)
“owner” includes any person holding an estate, easement, licence or other right or interest in, to, over or affecting land;(propriétaire)
“registered owner” means any owner of land whose interest in the land is defined and whose name is specified in an instrument in the proper registry office;(propriétaire enregistré)
“served” means served personally on a person or on an adult residing at the residence of the person who is at the residence at the time of service, or sent by registered mail to the person at his latest known address, and where sent by registered mail service shall be deemed to have been effected on the fifth day after the day of mailing;(signifié)
“statutory authority” means the Crown or any other person authorized by statute to expropriate or to cause injurious affection to land, or, upon condition that compensation be paid therefor, to take, interfere with or injure property other than land;(autorité légale)
“tenant” includes a lessee occupying premises under any tenancy whether written, oral or implied.(locataire)
1973, c.6, s.1; 1975, c.21, s.1; 1979, c.41, s.48; 1982, c.3, s.25; 1983, c.31, s.1; 1991, c.13, s.1; 2005, c.7, s.29; 2008, c.45, s.4; 2017, c.20, s.67; 2023, c.17, s.82
Definitions
1In this Act
“Board” Repealed: 1983, c.31, s.1
“common-law partner” means a person who, not being married to an Officer, was cohabiting in a conjugal relationship with the Officer on the date of the Officer’s death and was cohabiting in a conjugal relationship with the Officer for a continuous period of at least 2 years immediately before the Officer’s death;(conjoint de fait)
“council of a municipality” Repealed: 2017, c.20, s.67
“Court” means The Court of Queen’s Bench of New Brunswick and includes any judge thereof;(Cour)
“expropriate” means to take land without the consent of the owner and, subject to the Clean Environment Act, includes diverting or authorizing the diversion of a watercourse where such diversion affects land of an owner other than the person diverting or seeking the authorization to divert the watercourse but does not include the cancellation or suspension of any lease, licence or permit under the Crown Lands and Forests Act or regulations thereto, or the withdrawal or removal, in accordance with that Act and regulations thereto, of any land from a licence made thereunder;(exproprier)
“expropriating authority” means any person authorized to expropriate by this or any other Act and includes a Minister of the Crown;(autorité expropriante)
“injurious affection” means,(préjudice)
(a) where a statutory authority takes part of the land of an owner,
(i) the reduction in market value thereby caused to the remaining land of the owner by the taking or by the construction of the works thereon or by the use of the works thereon or any combination of them, and
(ii) such personal and business damages resulting from the construction or use, or both, of the works as the statutory authority would be liable for if the construction or use were not under the authority of a statute, or
(b) where the statutory authority does not take part of the land of an owner,
(i) such reduction in the market value of the land of the owner, and
(ii) such personal and business damages,
resulting from the construction and not the use of the works by the statutory authority, as the statutory authority would be liable for if the construction were not under the authority of a statute,
and for the purpose of this definition, part of the land of an owner shall be deemed to have been taken where the owner retains land contiguous to that taken or retains land of which the use was enhanced by unified ownership with that taken;
“land” includes any estate, easement, licence or other right or interest in, to, over or affecting land;(bien-fonds)
“local government” means a local government as defined in subsection 1(1) of the Local Governance Act;(gouvernement local)
“municipality” Repealed: 2017, c.20, s.67
“Officer” means the Expropriations Advisory Officer appointed under section 3 and includes, for the purposes of paragraphs 10(1.1)(b) and (c), sections 11, 12, 13, 14, 15 and 17 and subsection 19(11.1), a person appointed under section 3.1;(commissaire)
“owner” includes any person holding an estate, easement, licence or other right or interest in, to, over or affecting land;(propriétaire)
“registered owner” means any owner of land whose interest in the land is defined and whose name is specified in an instrument in the proper registry office;(propriétaire enregistré)
“served” means served personally on a person or on an adult residing at the residence of the person who is at the residence at the time of service, or sent by registered mail to the person at his latest known address, and where sent by registered mail service shall be deemed to have been effected on the fifth day after the day of mailing;(signifié)
“statutory authority” means the Crown or any other person authorized by statute to expropriate or to cause injurious affection to land, or, upon condition that compensation be paid therefor, to take, interfere with or injure property other than land;(autorité légale)
“tenant” includes a lessee occupying premises under any tenancy whether written, oral or implied.(locataire)
1973, c.6, s.1; 1975, c.21, s.1; 1979, c.41, s.48; 1982, c.3, s.25; 1983, c.31, s.1; 1991, c.13, s.1; 2005, c.7, s.29; 2008, c.45, s.4; 2017, c.20, s.67
Definitions
1In this Act
“Board” Repealed: 1983, c.31, s.1
“common-law partner” means a person who, not being married to an Officer, was cohabiting in a conjugal relationship with the Officer on the date of the Officer’s death and was cohabiting in a conjugal relationship with the Officer for a continuous period of at least 2 years immediately before the Officer’s death;(conjoint de fait)
“council of a municipality” includes the rural community council of a rural community incorporated under the Municipalities Act;(conseil d’une municipalité)
“Court” means The Court of Queen’s Bench of New Brunswick and includes any judge thereof;(Cour)
“expropriate” means to take land without the consent of the owner and, subject to the Clean Environment Act, includes diverting or authorizing the diversion of a watercourse where such diversion affects land of an owner other than the person diverting or seeking the authorization to divert the watercourse but does not include the cancellation or suspension of any lease, licence or permit under the Crown Lands and Forests Act or regulations thereto, or the withdrawal or removal, in accordance with that Act and regulations thereto, of any land from a licence made thereunder;(exproprier)
“expropriating authority” means any person authorized to expropriate by this or any other Act and includes a Minister of the Crown;(autorité expropriante)
“injurious affection” means,(préjudice)
(a) where a statutory authority takes part of the land of an owner,
(i) the reduction in market value thereby caused to the remaining land of the owner by the taking or by the construction of the works thereon or by the use of the works thereon or any combination of them, and
(ii) such personal and business damages resulting from the construction or use, or both, of the works as the statutory authority would be liable for if the construction or use were not under the authority of a statute, or
(b) where the statutory authority does not take part of the land of an owner,
(i) such reduction in the market value of the land of the owner, and
(ii) such personal and business damages,
resulting from the construction and not the use of the works by the statutory authority, as the statutory authority would be liable for if the construction were not under the authority of a statute,
and for the purpose of this definition, part of the land of an owner shall be deemed to have been taken where the owner retains land contiguous to that taken or retains land of which the use was enhanced by unified ownership with that taken;
“land” includes any estate, easement, licence or other right or interest in, to, over or affecting land;(bien-fonds)
“municipality” includes a rural community incorporated under the Municipalities Act;(municipalité)
“Officer” means the Expropriations Advisory Officer appointed under section 3 and includes, for the purposes of paragraphs 10(1.1)(b) and (c), sections 11, 12, 13, 14, 15 and 17 and subsection 19(11.1), a person appointed under section 3.1;(commissaire)
“owner” includes any person holding an estate, easement, licence or other right or interest in, to, over or affecting land;(propriétaire)
“registered owner” means any owner of land whose interest in the land is defined and whose name is specified in an instrument in the proper registry office;(propriétaire enregistré)
“served” means served personally on a person or on an adult residing at the residence of the person who is at the residence at the time of service, or sent by registered mail to the person at his latest known address, and where sent by registered mail service shall be deemed to have been effected on the fifth day after the day of mailing;(signifié)
“statutory authority” means the Crown or any other person authorized by statute to expropriate or to cause injurious affection to land, or, upon condition that compensation be paid therefor, to take, interfere with or injure property other than land;(autorité légale)
“tenant” includes a lessee occupying premises under any tenancy whether written, oral or implied.(locataire)
1973, c.6, s.1; 1975, c.21, s.1; 1979, c.41, s.48; 1982, c.3, s.25; 1983, c.31, s.1; 1991, c.13, s.1; 2005, c.7, s.29; 2008, c.45, s.4
Definitions
1In this Act
“Board” Repealed: 1983, c.31, s.1
“common-law partner” means a person who, not being married to an Officer, was cohabiting in a conjugal relationship with the Officer on the date of the Officer’s death and was cohabiting in a conjugal relationship with the Officer for a continuous period of at least 2 years immediately before the Officer’s death;(conjoint de fait)
“council of a municipality” includes the rural community council of a rural community incorporated under the Municipalities Act;(conseil d’une municipalité)
“Court” means The Court of Queen’s Bench of New Brunswick and includes any judge thereof;(Cour)
“expropriate” means to take land without the consent of the owner and, subject to the Clean Environment Act, includes diverting or authorizing the diversion of a watercourse where such diversion affects land of an owner other than the person diverting or seeking the authorization to divert the watercourse but does not include the cancellation or suspension of any lease, licence or permit under the Crown Lands and Forests Act or regulations thereto, or the withdrawal or removal, in accordance with that Act and regulations thereto, of any land from a licence made thereunder;(exproprier)
“expropriating authority” means any person authorized to expropriate by this or any other Act and includes a Minister of the Crown;(autorité expropriante)
“injurious affection” means,(préjudice)
(a) where a statutory authority takes part of the land of an owner,
(i) the reduction in market value thereby caused to the remaining land of the owner by the taking or by the construction of the works thereon or by the use of the works thereon or any combination of them, and
(ii) such personal and business damages resulting from the construction or use, or both, of the works as the statutory authority would be liable for if the construction or use were not under the authority of a statute, or
(b) where the statutory authority does not take part of the land of an owner,
(i) such reduction in the market value of the land of the owner, and
(ii) such personal and business damages,
resulting from the construction and not the use of the works by the statutory authority, as the statutory authority would be liable for if the construction were not under the authority of a statute,
and for the purpose of this definition, part of the land of an owner shall be deemed to have been taken where the owner retains land contiguous to that taken or retains land of which the use was enhanced by unified ownership with that taken;
“land” includes any estate, easement, licence or other right or interest in, to, over or affecting land;(bien-fonds)
“municipality” includes a rural community incorporated under the Municipalities Act;(municipalité)
“Officer” means the Expropriations Advisory Officer appointed under section 3 and includes, for the purposes of paragraphs 10(1.1)(b) and (c), sections 11, 12, 13, 14, 15 and 17 and subsection 19(11.1), a person appointed under section 3.1;(commissaire)
“owner” includes any person holding an estate, easement, licence or other right or interest in, to, over or affecting land;(propriétaire)
“registered owner” means any owner of land whose interest in the land is defined and whose name is specified in an instrument in the proper registry office;(propriétaire enregistré)
“served” means served personally on a person or on an adult residing at the residence of the person who is at the residence at the time of service, or sent by registered mail to the person at his latest known address, and where sent by registered mail service shall be deemed to have been effected on the fifth day after the day of mailing;(signifié)
“statutory authority” means the Crown or any other person authorized by statute to expropriate or to cause injurious affection to land, or, upon condition that compensation be paid therefor, to take, interfere with or injure property other than land;(autorité légale)
“tenant” includes a lessee occupying premises under any tenancy whether written, oral or implied.(locataire)
1973, c.6, s.1; 1975, c.21, s.1; 1979, c.41, s.48; 1982, c.3, s.25; 1983, c.31, s.1; 1991, c.13, s.1; 2005, c.7, s.29; 2008, c.45, s.4
Definitions
1In this Act
“Board” Repealed: 1983, c.31, s.1
“council of a municipality” includes the rural community council of a rural community incorporated under the Municipalities Act;(conseil d’une municipalité)
“Court” means The Court of Queen’s Bench of New Brunswick and includes any judge thereof;(Cour)
“expropriate” means to take land without the consent of the owner and, subject to the Clean Environment Act, includes diverting or authorizing the diversion of a watercourse where such diversion affects land of an owner other than the person diverting or seeking the authorization to divert the watercourse but does not include the cancellation or suspension of any lease, licence or permit under the Crown Lands and Forests Act or regulations thereto, or the withdrawal or removal, in accordance with that Act and regulations thereto, of any land from a licence made thereunder;(exproprier)
“expropriating authority” means any person authorized to expropriate by this or any other Act and includes a Minister of the Crown;(autorité expropriante)
“injurious affection” means,(préjudice)
(a) where a statutory authority takes part of the land of an owner,
(i) the reduction in market value thereby caused to the remaining land of the owner by the taking or by the construction of the works thereon or by the use of the works thereon or any combination of them, and
(ii) such personal and business damages resulting from the construction or use, or both, of the works as the statutory authority would be liable for if the construction or use were not under the authority of a statute, or
(b) where the statutory authority does not take part of the land of an owner,
(i) such reduction in the market value of the land of the owner, and
(ii) such personal and business damages,
resulting from the construction and not the use of the works by the statutory authority, as the statutory authority would be liable for if the construction were not under the authority of a statute,
and for the purpose of this definition, part of the land of an owner shall be deemed to have been taken where the owner retains land contiguous to that taken or retains land of which the use was enhanced by unified ownership with that taken;
“land” includes any estate, easement, licence or other right or interest in, to, over or affecting land;(bien-fonds)
“municipality” includes a rural community incorporated under the Municipalities Act;(municipalité)
“Officer” means the Expropriations Advisory Officer appointed under section 3 and includes, for the purposes of paragraphs 10(1.1)(b) and (c), sections 11, 12, 13, 14, 15 and 17 and subsection 19(11.1), a person appointed under section 3.1;(commissaire)
“owner” includes any person holding an estate, easement, licence or other right or interest in, to, over or affecting land;(propriétaire)
“registered owner” means any owner of land whose interest in the land is defined and whose name is specified in an instrument in the proper registry office;(propriétaire enregistré)
“served” means served personally on a person or on an adult residing at the residence of the person who is at the residence at the time of service, or sent by registered mail to the person at his latest known address, and where sent by registered mail service shall be deemed to have been effected on the fifth day after the day of mailing;(signifié)
“statutory authority” means the Crown or any other person authorized by statute to expropriate or to cause injurious affection to land, or, upon condition that compensation be paid therefor, to take, interfere with or injure property other than land;(autorité légale)
“tenant” includes a lessee occupying premises under any tenancy whether written, oral or implied.(locataire)
1973, c.6, s.1; 1975, c.21, s.1; 1979, c.41, s.48; 1982, c.3, s.25; 1983, c.31, s.1; 1991, c.13, s.1; 2005, c.7, s.29