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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 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.