What is the test for expropriation of a property with the highest use and best use of near-term development?

British Columbia, Canada


The following excerpt is from Kim v. Surrey (City), 2010 BCSC 1853 (CanLII):

In Sutherland v. Langley (Township) (1999), 68 L.C.R. 49 (B.C.E.C.B.), and Husband v. Langley (1996), 59 L.C.R. 221 (B.C.E.C.B.), property with a highest and best use of near-term development was being used for residential purposes at the date of expropriation.

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