How Can A Lawyer Help In The Case Of Expropriation
The government sometimes exercises its right to acquire a landowner’s land for public purpose. This right of the government is called expropriation. Expropriation is based on the general principle of ‘Salus Populi Suprema Lex’; which means that welfare of the public is the supreme law. Expropriation can only be done if it is in the public interest. Typically, the government exercises this power to build public utilities like roads, railway lines, schools, etc.
While it is done to benefit the public, expropriation can be damaging for the landowner. If you’ve received a Notice of Expropriation, you must consider taking help of an Edmonton expropriation lawyer, instead of dealing with it on your own. This is because dealing with it on your own may not allow you to reap maximum benefits out of expropriation. Here is how an expropriation lawyer in Edmonton can be helpful:
An Expropriation Lawyer Helps you Maximise your Compensation
No one anticipates an expropriation lawsuit. But, often this situation is unavoidable. Typically, expropriation is done in the best interests of the public. Since the expropriation is usually fair and reasonable, it becomes difficult to cease it. Although a landowner has the right to refuse and request the Hearing of Necessity, which is conducted to determine whether or not the expropriation is fair, sound, and reasonable, the judgment cannot be predicted.
While the expropriation cannot be prevented, as a landowner, you can claim full compensation in return for expropriation. Under the expropriation act, a landowner is entitled to:
- Compensation for the market value of the land/lands expropriated
- Compensation for the injurious affection to the remaining lands
- Compensation for disturbance damages and business loss
- Reasonable legal and appraisal fees
- Compensation for relocation expenses
As a common individual, you may not be aware of these laws and may fail to receive full compensation for the expropriation. Plus, determining the value of each of these compensations is not easy and requires professional expertise. Furthermore, there are certain limitations on reimbursing the fees that you may incur on retaining expert services for help with obtaining compensation.
Since you are parting with your land, you would want full compensation in return for it. Hence, hiring an Edmonton expropriation lawyer is highly recommended.
While this was just one aspect of expropriation that required expertise, there are many more. Imagine, the Expropriation Authority decides to purchase only a portion of your land or decides to abandon the expropriation. The entire expropriation and compensation process may get complicated in such situations.
Expropriation is a vastly difficult situation for every landowner. In spite of the emotional turmoil, you need to conduct yourself in a manner that helps you minimise the losses arising from such an event. An expropriation lawyer can guide you in this respect and help you mitigate losses and deal with any claims.