Expropriation by one provincial body on behalf of another
Can one provincial body expropriate land under its own legislation, e.g. where it is a provincial highway, and the land is aquired by the Ministry of Transportation, and then flipped to another provinical authority without any power to expropriate?
I.e. can a provinical body without power to expropriate do so through another provincial body or perhaps through a federal one where the highway is a provincial one but which may have federal uses?
Where could one look to find the answer, statue? BC Expropriation Act, BC Transportation Act, Local Govt Act?
Re: Expropriation by one provincial body on behalf of another
Your posting raises an interesting legal issue regarding the validity of an expropriation. Generally speaking, a government agency cannot expropriate unless it has a statutory right to do so. However, it is necessary to first determine what the facts are. If you have encountered a specific situation where this issue might arise, legal advice should be obtained. It is too complex to resolve here.