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This article was published 11/6/2019 (399 days ago), so information in it may no longer be current.
The Manitoba Law Reform Commission is recommending the provincial government make changes to the province's expropriation act.
The commission, in a statement Tuesday, says if the 10 recommendations are implemented, it would "provide better guidance to practitioners, landowners and the Land Value Appraisal Commission when it comes to determining compensation for owners."
Elizabeth McCandless, legal counsel and director of the reform commission, said they are not sweeping changes, but more tinkering with language which lawyers have said is "problematic" when it comes to expropriations.
McCandless said three of the recommendations concern compensation to property owners if the construction work on expropriated land creates damage on non-expropriated property. (For example, if piles being put into the ground on one property causes damage to a nearby building on another.)
"If this happens here, you wouldn't get compensation, but elsewhere (such as B.C. and Alberta) you can," she said. "We recommend deleting the wording... so damages can be awarded for damage caused by construction work."
McCandless said the expropriation report is one of a series the commission has produced under the heading "Creating Efficiencies in the Law."
She said it is now in the hands of Justice Minister Cliff Cullen and the provincial government to decide whether to implement any or all of the recommendations.
The government recently accepted the commission's recommendation on raising the level of damage that can be sued at Small Claims Court to $15,000 (from $10,000).
Kevin Rollason is one of the more versatile reporters at the Winnipeg Free Press. Whether it is covering city hall, the law courts, or general reporting, Rollason can be counted on to not only answer the 5 Ws — Who, What, When, Where and Why — but to do it in an interesting and accessible way for readers.
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