16 Modification Of Expropriation

REGULATIONS AND FORMS

Form 4, Amended Expropriation Notice

Section 6 of the Expropriation Act General Regulation, B.C. Reg. 451/87, prescribes the use of Form 4, Amended Expropriation Notice, which is reproduced in this chapter.

Submissions

On the Form 17 Charge, Notation or Filing, select Nature of Interest, Expropriation Act—Amended Notice (Provincial), and attach an image of the Form 4, Amended Expropriation Act Notice, and where applicable, Form 2, Notice of Request for Inquiry.

This transaction receives preliminary examination prior to receiving immediate application number, date, and time.

New Reference or Explanatory Plan

The registrar requires a new plan with the amended notice unless the expropriation is modified to extend a partial taking to the entire parcel.

Submissions

An electronic reference or explanatory plan with a pre-assigned plan number is attached to a Survey Plan Certification form signed electronically by the British Columbia Land Surveyor. The Survey Plan Certification accompanies the electronic Application to Deposit Plan at Land Title Office. These forms are available at ltsa.ca.

Requirements of Notice

See s. 2 of the Expropriation Act General Regulation, reproduced under s. 6 of this Act.

Requirements of Plan

See s. 3 of the Expropriation Act General Regulation, reproduced under s. 6 of this Act.

PRACTICE

Endorsement of Amending Notice in Register

On satisfactory completion of a preliminary inspection, the registrar adds an endorsement of the amendment in the legal notation segment of title. The registrar also adds the new plan number to the miscellaneous notes segment. If the plan attached to the original notice was an explanatory plan, the registrar substitutes the deposit number in the miscellaneous notes segment.

Practice under Section 6 Applies

The discussion of “Practice” under s. 6 of the Act applies equally to an amended notice and plan under s. 16.

Modification May Require New Instrument

Where a modification of an expropriation notice affects an instrument that accompanied the original expropriation notice, the registrar requires a new instrument, appropriately amended.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Inquiry and Report

The inquiry referred to in s. 16 is governed by ss. 10 to 17 of the Act. At the request of either the expropriating authority or an owner, the minister may appoint an inquiry officer who will hold a public hearing for the purpose of inquiring into whether the proposed expropriation of the land is necessary to achieve the objectives of the expropriating authority with respect to the proposed project or work, or whether the objectives could be better achieved by an alternative site or by varying the amount of, or interest in, the land to be taken. The inquiry officer is typically required to submit a written report to the approving authority and other participants in the inquiry within 30 days after the first day of the inquiry. The report must outline the inquiry officer’s findings of fact and the inquiry officer’s recommendations with respect to the proposed expropriation. Note that there is no entitlement to request an inquiry in the case of expropriations for the construction, extension or alteration of linear developments, as defined in s. 10(1).