Changes due to COVID-19
The Land Compensation Board will accept for filing, as alternative to the requirement to file an affidavit proving service (s. 2(2) and s. 3(2) of the Expropriation Act Rules of Procedure and Practice):
- A digital statement from counsel for the other party stating that they have accepted service of the application/reply on behalf of their client.
- The consent of the other party to filing the acknowledgement of service instead of an affidavit of service.
Please note the Board will accept digital copies of the Application and Reply.
This procedure does not alter any other requirements or enlarge timelines contained in the Expropriation Act or the Expropriation Act Rules of Procedure and Practice.
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 upon on the amount of compensation payable for an expropriation under the Expropriation Act, the claimant may apply to the Board through an ADC.
The owner of the property in dispute can elect to have the Court of Queen’s Bench determine compensation if the Crown is the Expropriating Authority (Expropriation Act, section 29(3)).
The Board will refer to sections 41 to 58 of 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 (PDF, 536 KB).
Claims must clearly outline the:
- basis for the claim
- amount of the claim
- legislation and section that supports the claim
The Claimant (owner) must serve the application on the Respondent (Expropriating Authority) and file the ADC with the Board within 10 days of service.
Claimants must also file an affidavit of service with the Board, pursuant to Rule 2(2) of the Expropriation Act Rules of Procedure and Practice. For method of service (delivery of documents), please see section 67 of the Expropriation Act.
ADCs can be filed at the Board in hard copy or electronically.
Send forms by:
Email: [email protected]
2nd Floor, Summerside Business Centre
1229 91 Street SW
Edmonton Alberta T6X 1E9
Fill out the Representative Authorization Form (PDF, 158 KB) 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 (PDF, 536 KB) on the Claimant.
In addition, within 10 days the Respondent must file a copy of the Reply with the Board and an Affidavit proving service of the Reply.
Once a Reply is received, either the Claimant or the Respondent can contact the Board through email or letter to have the claim moved forward to a hearing.
A respondent may institute proceedings under s. 36(1)(a) of the Act by serving a Notice to Commence Proceedings (PDF, 643 KB) on the claimant.
Within 10 days of serving the notice to commence proceedings on the claimant, the respondent must file with the Board a copy of the notice and an affidavit proving service of the notice.
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.
Before a hearing takes place, parties may settle the dispute or request mediation. Both parties must agree for the matter to proceed to mediation.
Hearings are usually in person and adjudicated by a Panel of Board Members who are 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 Board will issue its 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 Board to the Alberta Court of Appeal except when the Board is carrying 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 Board, or may make any decision or order that the Board has the authority to make (Expropriation Act, section).