Open AccessCompensation Where No Land Is Taken: Update of the Law in Alberta
Author(s) -
Michael A. Marion
Publication year - 2010
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr166
Subject(s) - statutory law , nuisance , compensation (psychology) , government (linguistics) , common law , law , population , economics , public use , business , public land , public economics , law and economics , political science , sociology , linguistics , philosophy , demography , psychoanalysis , psychology
Economic and population growth in Alberta has led to a proliferation of projects and works for the public benefit, but the negative impacts of these are often borne by private landowners. The question arises as to what compensation should be given to landowners whose land is injuriously affected by public works, but is not actually expropriated. This article examines the common law remedies of negligence and nuisance; addresses the impact of the four tests set out in R. v. Loiselle for assessing statutory remedies; and provides a review of the evolution of and remedies available under the Municipal Government Act and Proceedings Against the Crown Act.