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Expropriation Law Centre Forum

Welcome to the Expropriation Forum. This is the place for discussion of expropriation related topics.

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Re: What is included in a disruption allowance?

Your property appears to be in British Columbia so the expropriation would most likely be governed by the B.C. Expropriation Act.

Under this legislation, if the Authority requires only part of your property, you would be entitled to compensation for the market value of the land that is taken, plus any reduction in market value to the remaining land. The reduction in market value to the remaining land is often called injurious affection.

If you reside in a house on the part that is taken you may also be entitled to an occupier's allowance of up to 5% of the market value of the property taken. This could be what you refer to as a disruption allowance. Also, if you are forced to move, you would probably be entitled to compensation for moving costs.

I hope this information is helpful.

Re: Re: What is included in a disruption allowance?

Ken,
As a follow up to Mr. Melville's comments, you will be entitled to a disturbance allowance of 5% of your property's market value, not up to 5%. This allowance covers off sundry expenses such as utility hook-ups, draperies, decorating and small items which may not be reflected in the market value. If you are required to move you will definitely be entitled to a commercial move within the local area, generally a 50km radius. In the alternative a moving allowance will be provided and you can undertake the move. It sounds as though your anxiety level is a little higher than you would like. You may want a consider a meeting with a lawyer to allay some of your concerns. There are not a lot of impartial professionals in this field. The Law Society is likely a good place to start for a referral. Most experienced practitioners are in the Lower Mainland or Victoria.