Acts and Regulations

E-14 - Expropriation Act

Section 38
Disposition versions

Full text
Computation of compensation, improvements to land by owner
38(1)Where the land of an owner is expropriated, the compensation to the owner shall be based upon
(a) the market value of the land,
(b) damages attributable to disturbance,
(c) damages for injurious affection,
(d) any special economic advantage arising out of his occupation of the land that is not reflected in the market value of the land,
but where the market value is based upon a use of the land other than the existing use, compensation under paragraphs (a) and (b) shall not exceed the greater of
(e) the amount based upon the existing use to which the land is being put and disturbance damages, or
(f) the amount based upon the highest and best use to which the land may be put,
and no compensation shall be awarded under paragraph (d).
38(2)Where property other than land is taken, interfered with or injured, in the absence of a specific direction in the statute authorizing it, compensation shall be based upon the market value of the property, or any reduction therein, and damages for disturbance.
38(3)No compensation shall be paid in respect of improvements made to land by an owner after a copy of a notice of intention to expropriate or an application for an expropriation is served upon the owner pursuant to this Act.
1973, c.6, s.38; 1987, c.6, s.26
Computation of compensation respecting land
38(1)Where the land of an owner is expropriated, the compensation to the owner shall be based upon
(a) the market value of the land,
(b) damages attributable to disturbance,
(c) damages for injurious affection,
(d) any special economic advantage arising out of his occupation of the land that is not reflected in the market value of the land,
but where the market value is based upon a use of the land other than the existing use, compensation under paragraphs (a) and (b) shall not exceed the greater of
(e) the amount based upon the existing use to which the land is being put and disturbance damages, or
(f) the amount based upon the highest and best use to which the land may be put,
and no compensation shall be awarded under paragraph (d).
Compensation respecting property other than land
38(2)Where property other than land is taken, interfered with or injured, in the absence of a specific direction in the statute authorizing it, compensation shall be based upon the market value of the property, or any reduction therein, and damages for disturbance.
Improvements made by owner
38(3)No compensation shall be paid in respect of improvements made to land by an owner after a copy of a notice of intention to expropriate or an application for an expropriation is served upon the owner pursuant to this Act.
1973, c.6, s.38; 1987, c.6, s.26