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Part of Applications

Expropriation – Apply for determination of compensation

Process for a landowner to have the Land and Property Rights Tribunal determine compensation after an expropriation.

Overview

When there is an expropriation, any party who falls into the definition of an ‘owner’ may file an Application for Determination of Compensation (ADC).

If an owner and an Expropriating Authority do not agree on the amount of compensation payable for an expropriation under the Expropriation Act, the owner may file an ADC with the Tribunal.

The owner of the property in dispute can elect to have the Court of King's Bench determine compensation if the Crown is the Expropriating Authority.

The Tribunal will refer to the Expropriation Act when determining compensation.

Compensation is based on:

  • the market value of the land
  • damages attributable to the disturbance
  • any special economic advantage to the owner
  • damages for injurious affection where only a portion of the land is expropriated

Applications must specifically state the legislation under which the claim is made.

How to apply

Fill out the Application for Determination of Compensation.

Claims must clearly outline the:

  • basis for the claim
  • amount of the claim
  • legislation and sections that support the claim

The Claimant (owner) must serve the application on the Respondent (Expropriating Authority) and file the ADC with the Tribunal within 10 days of service.

The Claimant must also file an affidavit of service with the Tribunal, pursuant to Rule 2(2) of the Expropriation Act Rules of Procedure and Practice.

For method of service (delivery of documents), please see the Expropriation Act.

You can file ADCs with the Tribunal electronically or in hard copy.

Send forms by:

Email: [email protected]

Fax: 780-427-0986

Mail:
2nd Floor, Summerside Business Centre
1229 91 Street SW
Edmonton Alberta  T6X 1E9

Fill out the Representative Authorization Form if you have not retained legal counsel and plan to represent yourself and wish to appoint someone you know as your representative.

After you apply

Within 21 days of service of the ADC, the Respondent must serve a Reply to Application for Determination of Compensation on the Claimant.

In addition, within 10 days the Respondent must file a copy of the reply with the Tribunal and an affidavit proving service of the Reply.

Once a reply is received, either the Claimant or the Respondent may contact the Tribunal by email or letter to have the claim moved forward to a hearing.

A Respondent may institute proceedings under the Act by serving a Notice to Commence Proceedings on the Claimant.

Within 10 days of serving the notice to commence proceedings on the Claimant, the Respondent must file with the Tribunal a copy of the notice and an affidavit proving service of the notice.

Dispute resolution

When the parties indicate their intention to move a matter forward, a Pre-Hearing Dispute Resolution Conference is held, typically by conference call, to identify key issues and determine next steps.

Mediation

Before a hearing takes place, parties may settle the dispute or request mediation. Both parties must agree for the matter to proceed to mediation.

Hearing

Hearings usually take place in person and adjudicated by a panel of Tribunal members appointed by the Chair. At a hearing, parties may bring witnesses to testify and provide evidence and arguments to the Panel.

After the Hearing

Following the hearing, the Tribunal will issue a decision based on the evidence and argument presented at the hearing. The decision will be made in the form of an order.

Parties may appeal any determination or order of the Tribunal to the Alberta Court of Appeal except when the Tribunal carries out the functions of an inquiry officer under Part 1 of the Expropriation Act.

The Court of Appeal may refer any matter back to the Tribunal, or may make any decision or order the Tribunal has the authority to make.

Contact

Connect with the Land and Property Rights Tribunal:

Hours: 8:15 am to 4:30 pm (closed 12 pm to 1 pm, open Monday to Friday, closed statutory holidays)
Phone: 780-427-2444
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-427-0986
Email: [email protected]

Address:
Land and Property Rights Tribunal
2nd Floor, Summerside Business Centre
1229 91 Street SW
Edmonton, Alberta  T6X 1E9