What is the test for expropriating land to make way for a road where there is a lake frontage?
British Columbia, Canada
The following excerpt is from Monashee Enterprises Ltd. v. British Columbia (Recreation and Conservation), 1981 CanLII 434 (BC CA):
McCormick v. Pelée (1890), 20 O.R. 288, is an Ontario case which raised a question similar to that raised here. The court held that the roadway allowance had been submerged and that the road could not be changed without expropriating the property of those on the lake frontage.
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