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Expropriation Law Centre Forum

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Expropriation of Historical Site

I am a partner of Thompson Dorfman Sweatman LLP in Winnipeg. I act on behalf of a client who owns land on which is located a historical site - Fort Ellice. The site could also be used for a park/camping facility. The local municipality has begun expropriation proceedings. Has anyone in this forum recently settled a similar case? If so, I would be interested in seeing the comparables and approach taken by the appraiser.

Re: Expropriation of Historical Site

This sounds like an interesting case. However, these situations don't arise very often so I don't think you will find too many cases involving similar facts.

What is the purpose of the expropriation? Is it to protect the historical site and preserve it for public use? If so, was it legally designated as a historical site prior to the expropriation? The intended use by the expropriating authority is normally ignored in the valuation.

Another valuation consideration is the current use of the property and whether that use represents the highest and best use of the land.

Re: Expropriation of Historical Site

The case on the right of the Municipality to expropriate the historic site for the purpose of a tourist attraction is presently being considered by the Court of Appeal of Manitoba. The Court of Queen's Bench held that expropriating a tourist attraction was a proper municipal purpose under our legislation. Thank you for the interest.