Bill 204 — Third Session, 19Th Legislature, 30 Elizabeth Ii the Legislative Assembly of Alberta Bill 204 An Act To Amend the Expropriation Act (Legislature 19, Session 3)

L19 S3 3976

Alberta — Bills

1981 BILL Third Session, 19th Legislature, 30 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL

AN ACT TO AMEND THE EXPROPRIATION ACT MR. PURDY First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1981 (19th, 3rd) Bill 204,

An Act to Amend the Expropriation Act Bill Mr. Purdy BILL

AN ACT TO AMEND THE EXPROPRIATION ACT (Assented to , 1981) HER MAJESTY, by and with the advice and consent of the Leg islative Assembly of Alberta, enacts as follows: 1 This Act amends The Expropriation Act. 2

Section is amended by adding after clause (a): “(a. 1) Any amount in excess of the market value that the owner is obliged to pay to acquire property to replace the land where (

i) as a result of the unique nature of the land it is not possible to purchase property that is its exact equivalent, or (ii) no property equivalent to the land is available in the vicinity of the land and as a result it is necessary to purchase property in another locality at a higher price, (a.2) in determining the amount payable under clause (a.1) it shall be recognized that the owner should have sufficient com pensation to be able to acquire property of no less a quality and convenience to him than the land.” 3 This Act comes into force on the day upon which it is assented to. 1 Explanatory Notes 1 1974, c. 27. 2

Section presently reads: 40(1) Where land is expropriated, the expropriating authority shall pay the owner such compensation as is determined in accordance with this Act.

(2) Where land is expropriated, the compensation payable to the owner shall be based upon (

a) the market value of the land, (

b) the damages attributable to disturbance, (

c) the value to the owner of any element of special economic advantage to him arising out of or incidental to his occupation of the land to the extent that no other provision is made for its inclusion, and (

d) damages for injurious affection. 3 Coming into force. 1 Title: 1981 (19th, 3rd) Bill 204,

An Act to Amend the Expropriation Act

Document details

Collection	Alberta — Bills
Citation	L19 S3 3976
Type	bill
Volume / chapter	L19 S3 3976
Language	en
Format	json
Source	PROVINCIAL
Identifier	8a1518aa3843250245e1ef0974aab4d7a4fefe3a

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