What is the test for compensation for land expropriated?

Alberta, Canada


The following excerpt is from Westfair Foods Ltd. v. Watt, 1992 ABCA 234 (CanLII):

The respondents cited some expropriation cases, but again these do not support the proposition suggested. For example, Fraser v. R. 1963 CanLII 75 (SCC), [1963] S.C.R. 455 merely holds that a landowner expropriated gets compensation for all the potential which his land has, even if there is no other likely buyer than the government expropriating. Value peculiar to the buyer is irrelevant, but value which any owner or buyer could use is relevant, even if the chance of any other buyer is slight. The government was buying rock fill which was a recognized item of commerce, and one not peculiar to the particular project constructed. See [1963] S.C.R. 455, 458-60, 474-5. I see no analogy here at all.

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