What is the process for acquiring land?
In most cases the acquisition of real estate is done by negotiation. However, there are circumstances when the acquisition of the required real estate must be done by expropriation. This procedure requires that a reference plan must be prepared for the lands and Regional Council must approve of the application to expropriate. The intended expropriation must be advertised in the local newspapers once a week for three consecutive weeks and all persons having an interest in the property must be notified by registered mail.
All owners of lands to be expropriated can request a Hearing of Necessity within 30 days of the initial notification. If a Hearing is requested then a hearing date is set and the Region must prove that the taking of the land is fair, sound and reasonably necessary. Regional Council is not compelled to accept the recommendations of the Hearing Officer.
How are lands registered?
The next step is the registration of an expropriation plan. A real estate appraisal of the Region's requirements must be prepared, taking into consideration all of the factors that led to the reduction in value because of the taking. These include loss of landscaping, proximity of a new road, difficulty of access caused by a new road, loss of business, disturbance damages, etc. An offer, approved by Regional Council, together with a copy of the appraisal must be served within ninety days of the registration of the plan upon all of the persons having an interest in the property. The Region can take possession of the property after the ninety-day period and the serving of the offer.
How long does the process take?
The process of expropriation can take from eight to eighteen months depending on whether or not a Hearing of Necessity is requested.
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