Are there any common law principles in the law of expropriation?

British Columbia, Canada


The following excerpt is from Purchase v. Terrace (City), 1995 CanLII 1687 (BC SC):

31 There are no common law principles in the law of expropriation, as per Lord Pearson in Rugby Water Board v. Shaw Fox, [1972] 2 W.L.R. 757 at 763 (H. of L.): "...compulsory acquisition and compensation for it are entirely creatures of statute." Courts construe expropriation statutes strictly because expropriation is such an extraordinary power that interferes with private property rights. Municipalities must only exercise the power with the due consideration and process mandated by their enabling legislation. Strict construction of these statutes does not mean broadening or further enabling these authorities to expropriate. Strict construction means limiting these powers if there is vagueness or doubt. Strict construction maintains proprietary interests and goes against the enabling of the authority to remove these interests. Using the principle of strict construction to further enable authorities to expropriate seems to contradict the legislator's intentions in mandating that such measures require precise enactments in a bylaw.

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