Two of McQuarrie’s Lawyers Recognized in the Lexpert Canadian Legal Directory
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Receiving an Expropriation Notice can raise immediate questions about what it means for your property and what steps you can take. One right that may be available to you is the right to request an inquiry.
Not every taking qualifies for an inquiry. Your options for requesting an inquiry depend on whether the proposed expropriation is non-linear, a distinction that can significantly affect whether an officer is assigned and how the process unfolds. Once an officer is assigned, the expropriating authority has the opportunity to request the officer to refuse the inquiry. Once both parties have had the opportunity to be heard, the officer determines whether the inquiry will proceed, considering a range of factors that can vary in each case.
If an inquiry is held, it offers an opportunity to review how the proposed expropriation will be carried out and to suggest potential alternatives.
Timing is critical in these circumstances as pursuant to s. 10 of the Expropriation Act, RSBC 1996, c. 125, a request for an inquiry must be submitted within 30 days of receiving the Expropriation Notice. Missing this deadline could mean losing the opportunity entirely.
Determining whether your expropriation qualifies as non-linear, and whether an inquiry could be strategically useful, is not always straightforward. What applies in one case may not apply in another, and the distinctions can have significant implications for your rights. Landowners who receive an Expropriation Notice should consult a lawyer with experience in this field to understand their rights and options.
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