Expropriation Law

At McQuarrie, we understand that expropriation—the process by which an expropriating authority takes private property for public use—can be overwhelming and legally complex. Whether you are facing expropriation in Surrey, Abbotsford, Langley, or anywhere in Metro Vancouver or the Fraser Valley, our experienced legal team is well-equipped to properly assess your case and advise you accordingly.

What Is Expropriation?

Pursuant to the Expropriation Act, RSBC 1996, c. 125, “expropriating authorities” can take certain property rights without consent through a process called expropriation. There are a number of expropriating authorities that have the power to expropriate, such as municipalities, school boards, utilities and 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.

Your Property. Your Rights. Protected.

At McQuarrie, we understand that expropriation—the process by which an expropriating authority takes private property for public use—can be overwhelming and legally complex. Whether you are facing expropriation in Surrey, Abbotsford, Langley, or anywhere in Metro Vancouver or the Fraser Valley, our experienced legal team is well-equipped to properly assess your case and advise you accordingly.

You may have options, such as negotiating a section 3 agreement, which allows you to transfer your land voluntarily while preserving your right to seek compensation. If you disagree with the amount offered, you must apply to court within one year or risk losing your right to claim additional compensation. Navigating expropriation issues can be complex and our team is here to help.

Contact us today for a free, no-obligation consultation.

Why Choose McQuarrie for Your Expropriation Needs?

Strategic Legal Advocacy

We do not simply accept valuation assessments or opinions from expropriating bodies as to what is fair or compensable. Given every property is unique, we analyze every aspect of your situation to develop a personalized strategy while ensuring that your specific concerns are addressed.

Maximizing Compensation

We ensure that your claim for compensation addresses all potential heads of damage including fair market value of permanent takings, interim access, disturbance damages, injurious affection, compensation for ancillary rights, costs, etc. We advocate to ensure that the compensation offered is fair and reflects full value for the rights and interests lost both now and in the future.

Litigation-Ready Representation

If negotiations fail, we are prepared to take legal action to ensure full and fair compensation and we have a proven track record of successfully advocating for our clients in a wide range of expropriation disputes.

Commonly Asked Questions

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.

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.

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.

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.

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.

How We Can Help You

  • Assessing Your Situation: We will review the specifics of your situation and provide guidance on the options available to you.

  • Valuation of Property: We have relationships with various experts who can provide reliable opinions on the fair market value of your property and other compensable losses.

  • Negotiations: Our team handles all dealings and negotiations with the expropriating authority in a firm and fair manner to ensure a fair and equitable resolution.

  • Litigation: If a fair settlement cannot be reached through negotiation we are more than willing to pursue litigation to ensure that you are fully compensated for your losses.

Contact Us | Free Consultation

If you are facing expropriation or dealing with a property dispute, you do not have to go through it alone. McQuarrie’s experienced legal team can help protect your rights and secure the compensation you deserve.

Contact Amy Salak today at 604.580.7066 for a free, no-obligation consultation. Alternatively, you can fill out the form below to request a consultation, we will get in touch with you promptly.

Key Contacts

Your Expropriation and Property Dispute Lawyer