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Overview Of The Expropriation Act

In This Volume

The Act establishes procedures for the taking of land by an expropriating authority either:

  1. by expropriation without the consent of the owner, or
  2. by agreement with an owner for the transfer or dedication of land where an owner cannot agree with the expropriating authority on compensation.

In those instances where the expropriating authority and owner are able to reach a complete agreement on the transfer or dedication of land, including the amount of compensation, it is doubtful that the Act has any application. However, in cases of partial taking, reference should be made to s. 3(4) of the Act.

The Act does not apply to expropriations under the following Acts, except to the extent provided for in these Acts:

Further, the Expropriation Act does not apply to:

See s. 2 of the Expropriation Act in this Manual for further information about the application of the Act under other provincial statutes and regulations.

General Effect on Land Title Practice

Procedures under the Act contemplate the deposit and filing of plans in the land title office during the expropriation process or on transfer and dedication by an owner to an expropriating authority.

Relevant Provisions of the Land Title Act

In addition to the sections of the Land Title Act for which there are cross references below, see s. 163 as to cancellation of duplicate indefeasible titles and s. 120 as to highway closures.

REGULATIONS AND FORMS

The registrar requires the use of various forms prescribed under s. 6 of the Expropriation Act General Regulation, B.C. Reg. 451/87. The relevant forms for land title purposes are reproduced at “Appendix: Selected Forms” in this chapter following the Act. These forms are approved by the Director of Land Titles as supporting documents for the purpose of electronic submissions.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Expropriation Act (Canada)

See also the Expropriation Act, R.S.C. 1985, E-21, which deals with the expropriation of interests in land required by the federal Crown.

Secondary Sources

See generally the following materials:

  • Di Castri, Registration of Title to Land, vol. 3, paras. 813 to 821
  • Expropriation Act (CLEBC, 1988)
  • Expropriation (CLEBC, 1992)