Bill 206 — The Family Homes Expropriation Act (Legislature 17, Session 2)

L17 S2 5238

Alberta — Bills

1973 Bill 20&, Second Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEIVIBLY OF ALBERTA BILL 206 The Family Homes Expropriation Act MR. LUDWIG First Reading ........................... . Second Reading .. Third Reading ........................ . Printed by QUEEN'S PRINTER for the Province of Alberta, EDMONTON

Bill 206 Mr. Ludwig BILL 206 1973 THE FAMILY HOMES EXP'ROPRIATION ACT (Assented to , 1973)

WHEREAS it is desirable to avoid hardship to persons and families whose homes are expropriated under var,ious statutes in pursuance of various public purposes; AND

WHEREAS it is thought right to afford special protection in cases where expropriation disturbs a settled family Hfe; AND

WHEREAS it is recognized that in many cases com pensation limited under various statutes to market value is not true compensation; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assen1bly of Alberta, enacts as follows: ~. This Act may be cited as The Family Homes Expro priation A ct. 2. Whenever under any Act enabling expropriation of private property it is decided to expropriate any family hom,e, the provisions of this Act shall have effect and shall prevail over the prov,isions of any other Act dealing with expropriation. 3.

For the purposes of this Act a family home shall be a house which is and has for a reasonable time been the home of a family unit together with land immediately appur tenant thereto not exceeding one and one-half acres and any immediately appurtenant outbuildings. The nature of a family unit is defined or indicated in the

Schedule hereto. 4. In the case of any such expropriation, and notwith standing any rules or provisions for the assessment of values set out in the statute under which the expropriation is made, the principle of assessment shall be that the owner

of the family hom'e shall receive such compensation as will at ,current costs and prices put him in a position to acquire by purchase or construction, a home reasonably equivalent to that which is being expropriated. 5,. The arbitrators or assessors in any such case shall consider the question whether the reasonably equivalent home can be acquired by purchase, or whether it is certainly 'Or probably impracticable in the state of the market so to acquire it in which latter case it may be necessary for them to award sufficient compensation for its construction in lieu of current market value. 6.

In every case under this Act and notwithstanding any provisions or abs,ence of proViisions in any other statute there shall be an appeal to the Supreme Court, by leave of a judge, both on questions of law and upon the amount of compensation. 7. This Act extends to expropriations on behalf of the Crown in right of Alberta. 8.

The intent and purpose of this Act is that where it is decided to expropriate a fam:ily home the owner shall receive such compensation as will insure that the family unit is in no WoOrse position as a result of lthe expropriation; it being recognized that str,iet market value is not in all cases a true compensation to a family unit which is dispossessed, since it may not provide equivaloent accommodation; but the protection given by this Act is not to extend toO any person in whose case the property or his interest in it is fairly to be looked upon as a money ass'et or investment and not a family home; and this Act shall be interpreted by arbitra tors or assessors under any Act and by the Courlt broadly in the spirit of the foregoing.

THE FAMILY HOMES EXPROPRIATION ACT THE

SCHEDULE 1. The expression "family unit" in this Act is to be in terpreted lin a broad and flexible sense in order to prom'Ote the true object of this A.ct, which is to avoid the pl'acing of dispossess'ed home owners in a worse position than before disposs'ession. 2. The word "family" is not to be limited to its common meaning, namely a group of parents and children. It is to be recognized that the social and psychological character- 2

is tics of a family may exist in the absence of ties of blood or ties of law nor does it necessarily, though it does usually, involve a plurality of persons. 3. For purposes of illustration, but without restricting the generality of the foregoing, the following may in appropriate cases be regarded as family units: (

a) parents and/or grandparents and children, living together; (

b) brothers and/or sisters living together; (

c) a man or woman living alone, in his or her house, whether he or she is the relict of a former family or not; (

d) a person living 'vith children not of his or her blood who are adopted in fact but have not been adopted in law. 4. In considering whether a ffl.mily unit, other than a natural family, exists, the arbitrators or assessors, subject to appeal to the Supreme Court, may recognize any com bination of persons living- together as a family unit. In the ultimate resort, the decision of the SU1)reme Court shall be conclusive. 5.

In considering where g family unit, other than a nat ural family, exists, the element of duration or permanence in the association shall be taken into account, and such weight shall be given to this elem€nt as may seem proper. 3 Title: 1973 (17th, 2nd) Bill 206, The Family Homes Expropriation Act

Document details

Collection	Alberta — Bills
Citation	L17 S2 5238
Type	bill
Volume / chapter	L17 S2 5238
Language	en
Format	json
Source	PROVINCIAL
Identifier	e46ec713f93e9a01b2f468949f97817678dda534

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