What rights does a landowner have against a municipality expropriating their land?
Alberta, Canada
The following excerpt is from Costello v. Calgary (City), 1980 CanLII 1020 (AB QB):
As was said by McDermid J. A. in Hopper v. Foothills, supra, at p. 615: “[The landowner has] a right to be heard, to make his representations and to persuade; it is not a right of veto, and notwithstanding anything said by the landowner, the municipality may proceed, despite his protestations, to expropriate.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a right of entry order an expropriation of property? (Alberta, Canada)
Can a municipality enforce a public right against a party who is in breach? (Alberta, Canada)
How have decisions by the Chief Commissioner of Human Rights and Human Rights have been treated in the context of discrimination cases? (Alberta, Canada)
Is a landowner entitled to recover the cost of a breach of a contract to build a monumental fountain on his land? (Alberta, Canada)
Can compensation for taken land not include the value of the land and the capitalized profit from it? (Alberta, Canada)
Is misdescription of a piece of land included in a certificate of title to a parcel of land invalid? (Alberta, Canada)
What is the obligation of a private landowner to prevent a natural disaster from occurring on their land? (Alberta, Canada)
How to balance the Charter-protected rights of mobility rights and freedom of association with those of the public good? (Alberta, Canada)
Are fire suppression costs that are charged by a municipality pursuant to authority conferred on them by the Municipal Government Act? (Alberta, Canada)
Is an easement consistent with a right that significantly detracts from the servient owner's rights? (Alberta, Canada)
