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Topic: Expropriation


In the News (Tue 2 Dec 08)

  
  Expropriation Law Centre
If you have an interest in Canadian expropriation law you will find some useful sources of information here including links to expropriation legislation, access to case law, news, articles, notices of upcoming events, case reviews and comments, statistics, a directory of expropriation professionals and other information about expropriation.
You will find this site valuable whether you are an expropriation professional, a journalist or researcher looking for resources, a property owner facing expropriation, or you are interested for any other reason in this subject.
Many of the issues and legal principles discussed are also relevant to the United States of America, where expropriation is more commonly known as "eminent domain" or "condemnation", and in the United Kingdom, where it is known as "compulsory purchase".
www.expropriation.ca   (168 words)

  
  Objections to Nanoose Expropriation, by David Krieger, August 1999
I wish to object to the expropriation of the seabed in Nanoose Bay for three reasons related to the purpose of the expropriation, which is to allow the United States the possibility to bring nuclear weapons carrying submarines into the waters above the expropriated land.
In doing so, they will also expropriate from the citizens of this province the right to act upon their morals in their own community on this issue of such great importance to the future of life on Earth.
By seeking to expropriate the Nanoose seabed, the Canadian government is crushing not only the dreams of the people here for a nuclear weapons free world, but also the dreams of the great majority of ordinary American citizens who would prefer to live in and leave to their children a world free of nuclear weapons.
www.wagingpeace.org /articles/1999/08/00_krieger_nanoose.htm   (1495 words)

  
  The Expropriation Act
8(4) Land expropriated in a municipality by another municipality remains subject to the jurisdiction of the municipality in which it is situated and is subject to any tax levied by that municipality in respect of the land, unless the municipalities otherwise agree or The Municipal Board otherwise orders.
11(3) Where the declaration does not state the nature of the interest expropriated in the land described therein, the authority shall be conclusively deemed to have expropriated all of the interests in the land described therein.
25(3) The due compensation payable for land expropriated shall be determined as of the date the declaration of expropriation is signed by or on behalf of the expropriating authority.
web2.gov.mb.ca /laws/statutes/ccsm/e190e.php   (6894 words)

  
  East European Constitutional Review
The expropriation of private properties is done only for a public interest, in the conditions when the public interest prevails over the private interests of their owners, in accordance with the conditions prescribed by the law and with general principles of international law.
Expropriation may be done in favour of the state and of public or private, local or foreign juridical persons, for the realization of a project, investment or object of theirs that, in each case in accordance with this law, presents a public interest.
Applications for expropriation are submitted to the ministry that covers the respective activity, while the proposal to the Council of Ministers for the approval of the application for expropriation is made by the respective ministry.
www.law.nyu.edu /eecr/bycountryrefs/albaniaExproOfProperty.html   (3259 words)

  
 BLG TechLaw Group - Practice Areas - Expropriation Law   (Site not responding. Last check: )
For land owners facing expropriation or the prospect of expropriation we provide not only legal advice but assistance in all facets of the process including negotiation, identification and retainer of experts, options for challenging the decision to expropriate and conduct of the entire litigation process.
Expropriation law became a significant part of the practice of Borden Ladner Gervais (Toronto) during the 1970's in the wake of the expropriations to facilitate the planned international airport in Pickering, Ontario.
Although the airport was never built the expropriations proceeded and generated a wealth of litigation, which tested many of the provisions of the comparatively new expropriation legislation, which had been passed in Ontario in the 1960's.
www.blgtechlaw.com /practice/detail.asp?PAKey=82   (382 words)

  
 Expropriation   (Site not responding. Last check: )
The act of expropriating; the surrender of a claim to exclusive property; the act of depriving of ownership or proprietary rights.
Expropriation Law Centre Information pertaining to the law of expropriation in Canada, focusing on British Columbia.
The Ontario Expropriation Association A non-profit, voluntary association of professionals having an interest in the field of expropriation law and practice.
www.serebella.com /encyclopedia/article-Expropriation.html   (229 words)

  
 BCCLA Position Paper: Submission on the Municipal Act expropriation provisions, 1982
This should be replaced by one general expropriation statute applicable to all expropriations under the jurisdiction of the province.
The general expropriation statute should contain adequate provisions concerning appropriation procedure and compensation, and it should expressly provide that it will prevail in the event of a conflict between one of its provisions and a provision of any other statute, whether general or special.
The Act should permit any person to object to an expropriation provided he or she serves an objection in writing with a name and address, and that indicates the nature of any objections, the grounds on which the objections are based and the nature of his or her interest in the potential expropriation.
www.bccla.org /positions/admin/82expropriation.html   (2707 words)

  
 US CODE: Title 26,1351. Treatment of recoveries of foreign expropriation losses
For purposes of this section, the term “foreign expropriation loss” means any loss sustained by reason of the expropriation, intervention, seizure, or similar taking of property by the government of any foreign country, any political subdivision thereof, or any agency or instrumentality of the foregoing.
The basis of property (other than money) received as a recovery of a foreign expropriation loss to which this section applies shall be an amount equal to its fair market value on the date of receipt, reduced by such part of the gain under subsection (e) which is not recognized as provided in section 1033.
Bonds or other evidences of indebtedness received as a recovery of a foreign expropriation loss to which this section applies shall not be considered to have any original issue discount within the meaning of section 1273 (a).
www4.law.cornell.edu /uscode/uscode26/usc_sec_26_00001351----000-.html   (744 words)

  
 Realty Times: Will Expropriation Be An Olympic Evil?
Expropriation occurs when a public agency (for example, a provincial government or its agencies, regional districts, municipalities, school boards or utilities) takes property for "a purpose deemed to be in the public interest," even though the owner of the property may not be willing to sell it.
The power to expropriate is held by many organizations and individuals, but must be granted by statute.
The Victoria-based Board, established as an independent agency in 1988, uses its authority under BC's Expropriation Act to determine the amount of compensation for expropriated land and associated loss when there is a disagreement on these issues during expropriation.
realtytimes.com /printrtpages/20040907_expropriation.htm   (746 words)

  
 LAW ON EXPROPRIATION
Expropriation appeals on remaining portions of property may be submitted until the passing of an expropriation decision by the court of original jurisdiction, or until the expropriation decision becomes final if proprietors have not been informed in accordance with paragraph 3 of this article.
Should the expropriation beneficiary gain control according to article 20 paragraph 2 of this Law, when the expropriation proposal is rejected in the proceeding process, the legal property relations among the expropriation beneficiary and the former proprietor or possessor of other property rights shall be resolved in compliance with the regulations on property relations.
The final expropriation decision may be revoked partially or in full at the request of the former proprietor of the expropriated property if major alterations have not been effected on the structure by the expropriation beneficiary within three years from the final decision with consideration to the nature, size and value of the respective structure.
pbosnia.kentlaw.edu /macedonia/mlrc/EXPROLAW.html   (3314 words)

  
 BLG - Practice Areas - Expropriation - Process
Because powers of expropriation constitute a significant infringement of individual property rights, authorities must publish and serve notice of their intention to expropriate land.
An owner who receives notice of an intended expropriation may apply for a hearing to determine whether his or her land is required to achieve the public purpose.
Generally, an expropriating authority cannot take possession of expropriated land before 90 days after the land is expropriated and notice that possession is required has been given to the owner.
www.blgcanada.com /practice/expropriation/expro-process.asp   (608 words)

  
 OEA Newsletter Spring 1999   (Site not responding. Last check: )
Subsection 10(1) requires the expropriating authority to serve the registered owner (and the authority "may" serve an owner) with the notice of expropriation within 30 days after the plan of expropriation is registered.
Because of section 6, the owner is aware of the intention to expropriate, yet may be held "in limbo" for an unspecified period of time between the approving authority’s receipt of the application for approval and the date the authority makes its decision on the application.
The expropriating authority also may wish access to the lands in advance of the taking for a number of purposes (aside from surveying, which is permitted: Surveyors Act) such as environmental tests, geo-technical tests, appraisal inspection with a view to land acquisition without expropriation, and generally to further consider the prudence of the proposed taking.
www.oea.on.ca /sp99a1.html   (3066 words)

  
 RSNL1990 CHAPTER E-19 - EXPROPRIATION ACT
Where land expropriated under this Act is required for a limited time only or where only a limited estate, right or interest in the land is required, the notice of expropriation shall so indicate and the compensation payable in respect of that land shall be fixed accordingly.
(1) Where the land to be expropriated is subject to a mortgage or lien and the mortgagee or lien holder is known to the minister, a copy of the notice of expropriation shall be served on the mortgagee or lien holder.
days after a notice of expropriation is served or posted, the title to the land vests in the minister or the authority named in the notice of expropriation.
www.hoa.gov.nl.ca /hoa/statutes/e19.htm   (4308 words)

  
 Comprehensive online resource on Canadian expropriation law
Expropriation occurs when a public agency (for example, a provincial government or its agencies, regional districts, municipalities, school boards or utilities) takes property for "a purpose deemed to be in the public interest," even though the owner of the property may not be willing to sell it.
The power to expropriate is held by many organizations and individuals, but must be granted by statute.
The Victoria-based Board, established as an independent agency in 1988, uses its authority under BC's Expropriation Act to determine the amount of compensation for expropriated land and associated loss when there is a disagreement on these issues during expropriation.
www.newhomesnation.com /realestate163.html   (679 words)

  
 US CODE: Title 26,1351. Treatment of recoveries of foreign expropriation losses
For purposes of this section, the term “foreign expropriation loss” means any loss sustained by reason of the expropriation, intervention, seizure, or similar taking of property by the government of any foreign country, any political subdivision thereof, or any agency or instrumentality of the foregoing.
The basis of property (other than money) received as a recovery of a foreign expropriation loss to which this section applies shall be an amount equal to its fair market value on the date of receipt, reduced by such part of the gain under subsection (e) which is not recognized as provided in section 1033.
Bonds or other evidences of indebtedness received as a recovery of a foreign expropriation loss to which this section applies shall not be considered to have any original issue discount within the meaning of section 1273 (a).
www.law.cornell.edu /uscode/26/usc_sec_26_00001351----000-.html   (744 words)

  
 Trotsky: The Transitional Programme. The Death Agony of Capitalism and the Tasks of the Fourth International
Thus, in answer to the pathetic jeremiads of the gentlemen democrats anent the dictatorship of the "60 Families" of the United States or the "200 Families" of France, we counterpose the demand for the expropriation of those 60 or 200 feudalistic capitalist overlords.
Only the expropriation of the private banks and the concentration of the entire credit system in the hands of the state will provide the latter with the necessary actual, i.e., material resources—and not merely paper and bureaucratic resources — for economic planning.
The expropriation of the banks in no case implies the expropriation of bank deposits.
www.marxist.net /trotsky/programme/expropriation.htm   (454 words)

  
 Expropriation Act
(2) If the land to be expropriated is located outside of a municipality, the expropriating authority may, instead of posting or erecting the sign, publish a copy of the expropriation notice or a summary of its contents in a newspaper circulating in the area of the land affected.
(6) The expropriating authority must serve a copy of the expropriation notice on all persons who have, at the time the expropriation notice is filed under subsection (1) (d), registered a caveat or a certificate of pending litigation against the land to which the expropriation notice relates.
(b) part of the interest or estate of a lessee in land is expropriated, and the expropriation renders the remaining interest or estate of the lessee unfit for the purposes of the lease.
www.qp.gov.bc.ca /statreg/stat/E/96125_01.htm   (7746 words)

  
 Search Results for "Expropriation"
expropriation The taking over of private property by a government, often without fair compensation but usually with a legal assertion that the government has a right...
To deprive of possession: expropriated the property owners who lived in the path of the new...
In addition, the new laws called for the expropriation of all private holdings over 500 donums (123.5 hectares),...
www.bartleby.com /cgi-bin/texis/webinator/sitesearch?FILTER=&query=Expropriation   (285 words)

  
 The Expropriation Procedure Act   (Site not responding. Last check: )
Expropriation is the taking of land for public purposes without the consent of the owner of the land.
The power to expropriate is given to expropriating authorities — usually the province or an association or person empowered by law to acquire land by expropriation.
When land is transferred to the expropriating authority, the mines and minerals are not included unless the expropriating authority is authorized to expropriate mines and minerals and describes them in the declaration of expropriation.
www.saskjustice.gov.sk.ca /legislation/summaries/expropriationprocedureact.shtml   (557 words)

  
 NATO Research Fellowships 1994-1996
If the expropriated building, is not used accordingly, within one year from the moment of expropriation, the ex-owners can claim the building back, unless a new statement of expropriation was made.
If the expropriated asset is first rented and then used according to the expropriation statement, the ex-owner has priority to rental.
Considering the whole regulation related to the expropriation procedure and guarantees, it is more and more accepted the idea that, instead of being an instrument of the state discretionary power, the expropriation is an instrument of protection for the private property(27).
www.nato.int /acad/fellow/94-96/iliescu/06.htm   (976 words)

  
 Compensation for Regulatory Expropriation Under NAFTA: Mexico and the Metalclad Case - International Environmental Law ...
While the language regarding direct expropriation is straightforward and characterizes the most common cases of expropriation, the language of the article that covers indirect expropriation and measures tantamount to expropriation may have created problems for the NAFTA governments by allowing for compensation for expropriation stemming from a governments’ regulatory efforts.
NAFTA does not define what is considered an indirect expropriation or a measure tantamount to expropriation, and, at least for the moment, has left such determination with the arbitration panels that may be instituted to hear Chapter 11 complaints.
The disparity of treatment between Mexican and foreign investors with regard to regulatory expropriation, given the difference between Mexican law and the NAFTA provisions, although not widely-discussed among Mexico’s legal community, may result in Mexico moving toward accepting the concept of regulatory expropriation as actionable expropriation in a court of law.
www.abanet.org /environ/committees/intenviron/newsletter/april00/palafox.html   (2890 words)

  
 Political Risk Insurance - Expropriation, Currency Inconvertibility, Contract Frustration, Political Violence
This kind of political risk insurance is purchased by exporters, lenders, investors, and contractors with inventories, equipment, or other assets located in foreign countries.
It protects against confiscation, expropriation, nationalization, and other foreign government actions which would deprive you of your rights of ownership or control of your assets.
Related political risks include forced abandonment, selective discrimination, business interruption, and "creeping expropriation" (a series of individual government actions which, taken together, effectively result in expropriation).
www.meridianfinance.com /other_political.shtml   (550 words)

  
 Definition of expropriation - Merriam-Webster Online Dictionary
: the act of expropriating or the state of being expropriated; specifically : the action of the state in taking or modifying the property rights of an individual in the exercise of its sovereignty
Learn more about "expropriation" and related topics at Britannica.com
See a map of "expropriation" in the Visual Thesaurus
www.m-w.com /cgi-bin/dictionary?book=Dictionary&va=expropriation   (58 words)

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