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33 (1) Unless expressly provided otherwise, if a municipality expropriates real property or works under this or any other enactment, compensation is payable to the owners, occupiers or other persons interested in the property for any damages necessarily resulting from the exercise of those powers beyond any benefit that the person claiming the compensation may derive from the work resulting from the expropriation.

  • (2) If a municipality
  • (a) exercises a power to enter on, break up, alter, take or enter into possession of and use any property, or injuriously affects property by the exercise of any of its powers, and
  • (b) exercises a power referred to in paragraph (a) that does not constitute an expropriation within the meaning of the Expropriation Act,
  • compensation is payable for any loss or damages caused by the exercise of the power.
  • (3) For the purposes of subsection (2), compensation must be paid as soon as reasonably possible in an amount set
  • (a) by agreement between the person claiming compensation and the municipality, or
  • (b) if no agreement is reached, by the Supreme Court.

2003-26-33, effective January 1, 2004 (B.C. Reg. 423/2003); 2004-61-23, effective March 18, 2005 (B.C. Reg. 95/2005).