The Nova Scotia Utility and Review Board ("NSUARB" or "Board") determines compensation under the Expropriation Act where a property owner and an expropriating authority cannot agree on the compensation to be paid for expropriated land.
Expropriation means the taking of land without the consent of the owner by an expropriating authority in the exercise of its statutory powers. Expropriating authorities include the Province, towns, municipalities or public utilities empowered by statute to expropriate land.
If no agreement can be reached respecting compensation between the property owner and the expropriating authority, before taking possession of the land the expropriating authority must provide the property owner with a copy of the document effecting the expropriation, an offer of an amount in full compensation for the owner's interest and a copy of the appraisal report upon which the offer is based, together with a statement showing the total compensation being offered for all interests in the land. Provided the parties have exhausted all attempts at negotiation as required by s. 36 of the Expropriation Act, either party can ask the NSUARB to determine the compensation to be paid by the expropriating authority to the property owner. Property owners are usually represented by legal counsel in applications to the NSUARB.
Section 26 of the Expropriation Act provides that compensation payable to the owner shall be the aggregate of the market value of the land or family home, the damages for injurious affection, the value to the owner of any special economic advantage arising out of, or incidental to, his or her actual occupation of the land, together with the reasonable costs, expenses and losses arising out of, or incidental to, the owner's disturbance.
The Expropriation Rules outline the requirements relating to practice and procedure for expropriation applications to the NSUARB. The Expropriation Act and the Expropriation Rules can be accessed through the Statutes, Rules & Regulations page.
Following the hearing, the Board is required to issue a written decision giving reasons for its disposition of the matter. A copy of the decision will be sent to each party. Past expropriation decisions of the Board can be accessed through the Decision Archive.