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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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Illegal access blockage to property

I live in BC and own a property that has access only 7 months out of the year because highways will not maintain the road in the winter thereby making it impassible. I would like to add that we are 17 kilometers from a town of 50,000 residents and are not in the wilderness. 10 years ago, we, subdivision of about 70 properties, went to court to prove that our only access road was a public highway. We won in court and appeals court where it was found to be a public highway under section 6 and 8 of the Highway Act. To this day, Ministry of Highways is still denying us maintenance and snow removal. I figure this must be illegal expropriation of our property or at least considered a nuisance and somehow deserving of some compensation. We really aren't sure where to go from here. How can we get the government to recognize thier responsibility to give us access and what compensation are we entitled to for restriction of our access year after year? My concern is that this isn't a expropriation issue since the governments actions or lack of actions are causing an illegal blockage of our property and therefore are criminally and civilly liable under nuisance. Does anyone have an opinion on this? Any help would be wonderful.