Introduction
When there is an expropriation, any party who falls into the definition of an ‘owner’ may file an Application for Determination of Compensation (ADC) with the Tribunal if the owner and the Expropriating Authority do not agree on the amount of compensation.
Other applications that require a decision or order from the Tribunal may commence by filing an Application by Notice of Motion with the Tribunal that clearly outlines the disputed issues and the remedies the applicant is seeking.
Section 534 of the Municipal Government Act provides a remedy for persons entitled to receive compensation from a municipality that has constructed a public work. The process to make a claim under section 534 differs from the process for an Application for Determination of Compensation (ADC) and claimants are encouraged to read section 534 in its entirety to ensure the proper steps are taken in their claim.
Other applications under the Municipal Government Act include claims under Sections 15, 23, 26, and 664.2. Section 15 claims may be started by filing an Application by Notice of Motion with the Tribunal. Section 23, 26 and 664.2 claims may be started by filing an Application for Determination of Compensation (ADC) with the Tribunal.
In focus
Process when parties with an application filed with the Land and Property Rights Tribunal need an order or decision made by the Tribunal.
Process for a landowner to have the Land and Property Rights Tribunal determine compensation after an expropriation.