Acts and Regulations

E-14 - Expropriation Act

Section 39
Disposition versions

Full text
Determination of market value
39(1)The market value of land expropriated is the amount that would have been paid for the land if it had been sold on the date of expropriation in the open market by a willing seller to a willing buyer.
39(2)Where the land expropriated had a building erected thereon that was used for purposes of a school, hospital facility or religious or charitable institution, or for similar purposes, and
(a) the use for that purpose would have continued but for the expropriation,
(b) there is no general demand or market for the land and building for that purpose, and
(c) the owner intends in good faith to relocate in similar premises,
the market value shall, at the option of the owner, be deemed to be the reasonable cost of equivalent reinstatement less the amount by which the owner will have improved or may reasonably be expected to improve his position through relocation on other premises.
39(3)Where only part of the land of an owner is taken and such part is of a size, shape or nature for which there is no general demand or market, the market value and the injurious affection caused by the taking may be determined by determining the market value of the whole of the owner’s land and deducting therefrom the market value of the owner’s land after the taking.
39(4)In determining the market value of the land, no account shall be taken of
(a) any anticipated or actual use to which the expropriating authority will put the land;
(b) any increase or decrease in the value of the land resulting from the imminence of the development in respect of which the expropriation is made or from any imminent prospect of expropriation; or
(c) any increase in the value of the land resulting from the land being put to a use that could be restrained by any court or is contrary to law or is detrimental to the health of the occupants of the land or to the public health.
1973, c.6, s.39; 1992, c.52, s.10
Market value of land
39(1)The market value of land expropriated is the amount that would have been paid for the land if it had been sold on the date of expropriation in the open market by a willing seller to a willing buyer.
Market value respecting school, hospital facility, etc
39(2)Where the land expropriated had a building erected thereon that was used for purposes of a school, hospital facility or religious or charitable institution, or for similar purposes, and
(a) the use for that purpose would have continued but for the expropriation,
(b) there is no general demand or market for the land and building for that purpose, and
(c) the owner intends in good faith to relocate in similar premises,
the market value shall, at the option of the owner, be deemed to be the reasonable cost of equivalent reinstatement less the amount by which the owner will have improved or may reasonably be expected to improve his position through relocation on other premises.
Market value where part of owner’s land taken
39(3)Where only part of the land of an owner is taken and such part is of a size, shape or nature for which there is no general demand or market, the market value and the injurious affection caused by the taking may be determined by determining the market value of the whole of the owner’s land and deducting therefrom the market value of the owner’s land after the taking.
Exceptions respecting determination of market value
39(4)In determining the market value of the land, no account shall be taken of
(a) any anticipated or actual use to which the expropriating authority will put the land;
(b) any increase or decrease in the value of the land resulting from the imminence of the development in respect of which the expropriation is made or from any imminent prospect of expropriation; or
(c) any increase in the value of the land resulting from the land being put to a use that could be restrained by any court or is contrary to law or is detrimental to the health of the occupants of the land or to the public health.
1973, c.6, s.39; 1992, c.52, s.10