Expropriation in British Columbia: Your Rights, Compensation, and Legal Options Explained

April 7, 2025 | By Douglas J. Conolly

1. What is a section 3 agreement?

When the government intends to take an individual’s land pursuant to the Expropriation Act, RSBC 1996, c. 125 [the “Act”], one of the options a landowner has is to enter into a section 3 agreement. Section 3 agreements are used in situations where the landowner agrees to transfer or dedicate their land to the “expropriating authority” but cannot necessarily agree with the compensation to be paid.

When section 3 agreements are used, there is no “expropriation” in the strict sense of the word because the land is transferred by consent. Proceeding in this way can be advantageous for both landowners and expropriating authorities because it avoids the formal proceedings for expropriation under the Act while preserving an owner’s right to claim compensation within 1 year.

Call Amy Salak at 604.580.7066 to schedule a free, no obligation meeting with Doug Conolly to discuss your options if you have signed or have been asked to sign a section 3 agreement.

2. What can I do if I disagree with an amount paid to me by an expropriating authority who takes my land?

If a landowner disagrees with the compensation they received from an expropriating body, the landowner can apply to the court for a determination of the compensation to be paid. It is important for the landowner to act quickly in these circumstances as pursuant to s. 25 of the Expropriation Act, if a court application is not made within one year, the landowner is deemed to have accepted any advance payment as full and final compensation.  

Call Amy Salak at 604.580.7066 to schedule a free, no obligation meeting with Doug Conolly to discuss your options.

3. Is an expropriating authority permitted to take my property without my consent?

The short answer is, yes. Pursuant to the Expropriation Act, RSBC 1996, c. 125, “expropriating authorities” can take an individual’s property without consent through a process called expropriation. There are a number of expropriating authorities that have the power to take an individual’s property without consent, such as municipalities, school boards, and even TransLink, to name a few.

While the procedure for expropriation is governed by the Expropriation Act, an expropriating authority’s power to expropriate comes from other legislation. For example, the City of Vancouver is given the power to expropriate pursuant to the Vancouver Charter, SBC 1953, c. 55, s. 533, while other municipalities are given the power to expropriate pursuant to the Community Charter, SBC 2003, c. 26, s. 31.

However, it is important to note that landowners do have rights when faced with an expropriation of their land. Most significantly, a landowner must be fairly compensated. Since determining the appropriate compensation is often a highly complex matter, a landowner should always consult an experienced lawyer in the area to ensure they are adequately compensated.

Call Amy Salak at 604.580.7066 to schedule a free, no obligation meeting with Doug Conolly to discuss your options.

4. How long do I have to claim additional compensation if my lands have been expropriated?

If a landowner has their land expropriated and is not satisfied with the compensation received, the landowner must act quickly. Pursuant to section 25 of the Expropriation Act, RSBC 1996, c. 125, a landowner has one year from the date of receiving payment to make an application to court and claim additional compensation. If an application is not made within one year of receiving payment, the landowner will be prevented from claiming any additional compensation.

Call Amy Salak at 604.580.7066 to schedule a free, no obligation meeting with Doug Conolly to discuss your options and ensure you do not miss your time limit to apply for additional compensation.

5. What heads of damage can I be compensated for as a result of expropriation?

There are a number of different heads of damages that a landowner can be compensated for when their land is expropriated, including, but not limited to:

• fair market value;
• disturbance damages;
• injurious affection;
• ancillary rights; and
• costs.

Fair market value of the land being expropriated is the foundation of a landowner’s compensation. The expropriating authority must pay to the landowner whatever amount the expropriated land would have sold for if it had been sold in the open market by a willing seller to a willing buyer.

Disturbance damages are all reasonable costs, expenses, and financial losses that are directly attributable to the disturbance caused to the landowner by the expropriation.

Injurious affection refers to the decrease in value of the remainder of their lands that are not expropriated in a partial taking situation.

Ancillary rights typically refer to implied rights that are deemed necessary in order to exercise express rights taken by an expropriating authority. In these circumstances, the landowner is entitled to compensation.

Finally, a landowner may entitled to compensation for legal and other costs that they incur as a result of expropriation.

As expropriation can be a highly complex and specialized area of the law, landowners faced with expropriation of their land should consult a lawyer with specific knowledge and expertise in this area to ensure they receive appropriate compensation.

Call Amy Salak at 604.580.7066 to schedule a free, no obligation meeting with Doug Conolly to discuss what heads of damages may be applicable in your unique situation.

Need Help With Your Expropriation or Property Dispute Case?

Contact us today to discuss your case and explore your options for fair compensation.

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Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. While we strive to provide accurate and up-to-date information, every legal situation is unique. For personalized legal advice tailored to your specific case, please consult with a qualified lawyer. We are happy to assist you with your legal needs, but this post should not be relied upon as a substitute for professional legal counsel.