Expropriation Act

Marginal note:Additional factors to be taken into account

• 28 (1) The fact of

  • (a) an abandonment or revesting under this Part of an interest in land or an immovable real right or of the remainder of the interest or rights, or

  • (b) any undertaking given on behalf of the Crown by the Minister, or by any other person within the scope of the Minister’s authority, to make any alteration, construct any work or grant or concede or transfer any other land or interest in land or immovable real right,

  shall be taken into account, in connection with all other circumstances of the case, in determining the amount to be paid to any person claiming compensation for an expropriated interest or right.

• Marginal note:Compensation payable if intention to expropriate abandoned

  (2) If an intention to expropriate an interest in land or immovable real right or the remainder of the interest or rights has been abandoned, the compensation payable by the Crown to its owner or holder is the amount of any actual loss sustained by the owner or holder, after the time when the notice of intention was registered and before the time when the abandonment of the intention, or the intention to expropriate a more limited interest or right, as the case may be, was confirmed, in consequence of the registration

  • (a) of the notice of intention, if the intention to expropriate the interest or right has been abandoned; or

  • (b) of the notice of intention in so far as that notice relates to the remainder of the interest or rights, if the intention to expropriate the remainder has been abandoned.

• Marginal note:Application of sections 31 and 32

  (3) In relation to the compensation described in subsection (2), the provisions of sections 31 and 32 apply with such modifications as the circumstances require, and as though for the reference in paragraph 31(1)(a) to “the registration of the notice of confirmation” there were substituted a reference to the confirmation of the abandonment of the intention.