21 Divesting After Expropriation

• 21 (1) If, within 2 years after filing the vesting notice under section 23, the expropriating authority determines that the land is no longer required for its purposes, the authority must not, without the approval of the approving authority, dispose of the land without first offering it to the owner from whom the land was taken, or the owner’s successor.
• (2) If an owner referred to in subsection (1) wishes to re-acquire the land expropriated, but cannot agree with the expropriating authority on the purchase price, the court must summarily determine the market value of the land as at the time of making the summary determination, and that amount is the purchase price.
• (3) The costs of proceedings under this section must be borne by the parties, unless the court, in special circumstances, orders the expropriating authority or the owner to bear the costs of the other.
• (4) Part 7 of the Land Title Act applies to a re-acquisition under this section.

1987-23-20; 1992-31-7, effective July 9, 1992 (B.C. Reg. 231/92); 2004-61-11 and 12, effective March 18, 2005 (B.C. Reg. 95/2005); 2023-10-226.