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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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Expropriation without a taking

I own a commercial property on which a fuel pumping station preexisted the establishment of a controlled access highway along my property line. Later subdivision of the property placed the property line through the middle of the pumping station partly overlapping onto what is now highway right-of-way. The Ministry of Highways was at that time the approving authority for this subdivision. Further expansion of this right-of-way on neighboring properties has extended around the pumping station now considered by the Ministry of Highways too close to the roadway. This expansion has also removed access to highway traffic from one direction. Because of the controlled access highway designation the Ministry of Highways restricts the use of land 4.5 meters inside my property line where on bordering properties this land has been expropriated. This seems to me an expropriation without a taking. But I am told the Expropriation Compensation Board of B.C. has established a precedent in not allowing such claims. What recourse do I have to seek compensation for the rendering of my pumping station and the prime real estate along a highway unusable?

Re: Expropriation without a taking

What legislation restricts the use of your land? How did this problem come to your attention?

I am currently working on a research project involving regulatory takings. Your situation seems to describe a regulatory taking so I would be interested in hearing more about it. If you want to follow up send me an e-mail with more information.