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Compensation for Security Interests in Expropriated Land, Final Report 41


This report considers different approaches to compensation for expropriated land which is subject to one or more security interests, especially mortgages. Current to the publication of the report (May 1984), compensation in these cases was regulated by s 49 of the Expropriation Act, RSA 1980, c E-16. This compensation was based on the “market value” theory, under which the security holder was paid market value of the security interest attached to the land, and the […]

AREA OF LAW Personal Property Property
TAGS , , , , , ,
FORMAT Publications
FILE fr041.pdf

May 1, 1984

Expropriation, Final Report 12


This is an extensive report. In its examination of the procedures of expropriation, it recommends procedural fairness that is as expeditious as fairness permits. This requires notice to the owner of a proposed expropriation and provision for objections by the owner. If land is taken, there has to be the right to payment of a reasonable proportion of his compensation before owner is obliged to give up possession. The time from the inception of the […]

AREA OF LAW Property
TAGS , , , , , ,
FORMAT Publications
FILE fr012.pdf
ENACTMENT

Expropriation Act, SA 1974, c 27 (now RSA 2000, c E-13).

March 1, 1973