G'afternoon edgy usual in the patio?

The question and intrepretation that bothers me is what is the Crown's interpretation of the

"Right of Eminant Domain?"

Don Jose de La Mancha

##################

See Mariner Real Estate Ltd. v. Nova Scotia (Attorney-General) (1999), 178 N.S.R. (2d) 294; (1999), 177 D.L.R. (4th) 696.

At the federal level, eminent domain (expropriation) is governed primarily by the Expropriation Act (R.S. 1985, c. E-21 ). This law is broadly similar to Connecticut's eminent domain law, in that it allows condemnations for "public purposes" as well as "public works." It entitles the property owner to compensation and the right to appeal the amount of compensation to the courts.

However, the act has some provisions that are not contained in Connecticut law, notably with regard to compensation. Normally, the property owner is entitled to the fair market value of his property under Connecticut and Canadian law. But, under the Canadian law, additional compensation must be provided if the owner occupied the property at the time of the taking or used it as his residence. In the case of land occupied by the owner, the owner must be compensated for the value of any special economic advantage he receives from occupying the land. This could provide additional compensation if the property's location gave the owner an advantage that could not be replicated in a new location. In the case of residences, if the fair market value is insufficient to allow the owner to buy a new residence reasonably equivalent to his former residence, the amount of compensation must be increased to cover the difference. The Canadian law also has a provision that protects holders of security interests, e.g., a bank holding a mortgage, from losses due to changes in interest rates.

The provinces and territories have their own laws governing expropriations procedures, which are available at http://www.expropriationlaw.ca/expro005.asp. In addition, provinces have specific laws authorizing expropriations. For example, the Saskatchewan Planning and Development Act of 1983 allows municipalities to prepare development plans to address a wide range of issues ranging from infrastructure and public facilities to renewal, rehabilitation, and improvement of neighborhoods and urban core areas. The act allows the municipality to acquire land to implement the plan, and to expropriate it if the municipal council cannot purchase the land at a fair price or otherwise acquire the land with the owner's consent.