Expropriation Law

Taylor MacLellan Cochrane legal services in the area of Expropriation have been offered to our clients for many years. Taylor MacLellan Cochrane has historically assisted clients when their land was taken or their property rights affected by government (the Province of Nova Scotia, public utilities such as the former Nova Scotia Light and Power, or municipal government). These purposes have included the construction or widening of a highway, the removal of a turn on a highway, the construction of the Cornwallis River crossing, the Hantsport interchange, and the construction of new provincial highways. We have represented clients where land is required for sewer treatment facilities and where the former Nova Scotia Light and Power has required lands for transmission lines or power dam flooding.

The new Expropriation Act came into effect in Nova Scotia in the early 1970's (applied to all land expropriated on or after June 20, 1974) and greatly expanded the rights of property owners to compensation and recovery of reasonable legal and appraisal expenses. This legislation set up a comprehensive and fair regime for determining the proper compensation due to any land owner whose lands were taken or (in some cases) adversely affected by public construction projects.

Under this legislation, Taylor MacLellan Cochrane represented clients in Hants, Kings, Annapolis and Digby Counties as Highway 101 wound its way from Halifax to Yarmouth. Taylor MacLellan Cochrane represented individual residential and commercial land owners and a large number of farmers (dairy, beef, hog, vegetable, grain and fur) and woodlot owners whose lands were taken for highway construction. In addition, as interchanges, crossings or secondary highways were widened or straightened, Taylor MacLellan Cochrane was there to assist clients. When the former Nova Scotia Light and Power took lands for transmission lines and built or rebuilt dams to flood properties, Taylor MacLellan Cochrane was there for its clients.

In addition to advising clients and negotiating claim settlements with the government or government agency involved, Taylor MacLellan Cochrane has also been involved in representing expropriation authorities and advising on the process to be followed in negotiating settlement for land owners and in reviewing fees claimed by those representing the land owners. In more recent years Taylor MacLellan Cochrane has also been involved in representing municipal governments in the expropriation process.

We also have experience and background on the Expropriating Agency side so that we can advise and assist expropriating authorities to ensure they adhere to and follow the proper legislative process when they have to take land or adversely affect land owners' rights for public purposes or to pursue their public mandate.

When your land is taken or property or land rights are affected by a government agency think Taylor MacLellan Cochrane. When a government agency needs advice and assistance in meeting its obligation under the Expropriation Act in order to fulfill its public mandate, think Taylor MacLellan Cochrane.

Contact

The Taylor MacLellan Cochrane Expropriation Team can be contacted by e-mail at TMC Expropriation or visit the Contact page for information on how to contact them by phone, fax, mail or to find out where our office is located.

 

Legal Services

Kentville Office / Mailing Address:
50 Bridge Street
Kentville, NS
Canada
B4N 2E4

Windsor Office:
189 Gerrish Street
Windsor, NS
Canada

t: 902.678.6156 Kentville
t: 902.472.6156 Windsor
f: 902.678.6010
Toll Free: 1-888-4-TMC-LAW


 

Jonathan Cuming,
Partner



 

Toni-Ann Campbell

Tara Whynot