Expropriation, compensation, zoning, land use, award, restrictions, Sackville landfill site project
The purpose of this article is to ascertain the extent to which the existence of publicly-imposed land use restrictions affects the quantum of compensation payable on expropriation. As yet, this matter has not arisen in the case law of Nova Scotia. However, if the events which surrounded the plans for the now abandoned Sackville landfill site project, discussed below, are any precursor of things to come, the effect of use restrictions on compensation awards will not much longer be a moot issue. The problem has, of course, come before the courts and compensation tribunals in other Canadian jurisdictions where the pressures of urban growth have for some time been forcing the various levels of government to regulate the use of property and to plan for and to acquire lands in aid of the provision of such services as highways, parks, schools, water supply, sewage disposal, and so on. In this regard, it is interesting to note that the proposed Sackville sanitary land-fill site just mentioned was a response to the demands of urban growth in the Halifax-Dartmouth area. It is trite to point out, therefore, that as the demand on government to supply services and to take an active part in assembling land for public housing and other such projects increases, every facet of expropriation law, and especially the more undeveloped aspects such as those to be dealt with in this article, will come into focus more sharply in Nova Scotia.
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Daniel F. Potter, “Compensation on Expropriation: The Effect of Zoning and Other Land Use Restrictions on the Award” (1976-1977) 3:3 DLJ 775.