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This Act is current to November 1, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Vancouver Charter

[SBC 1953] CHAPTER 55

Part XXVI — Compensation for Real Property Expropriated or Injured

Repealed

531.  [Repealed 1987-23-120, effective December 24, 1987 (B.C. Reg. 451/87).]

Expropriation

Power to expropriate

532.  If, in the exercise of any of its powers of acquiring real property, the city fails to come to an agreement with its owner as to the terms of acquisition, the city may, by by-law or resolution of the Council, expropriate such real property.

1953-55-532; 1958-72-28; 1987-23-121, effective December 24, 1987 (B.C. Reg. 451/87).

Repealed

533-537.  [Repealed 1987-23-122, effective December 24, 1987 (B.C. Reg. 451/87).]

Additional area may be acquired

538.  Where, in the exercise of the city's powers of acquiring real property, it appears to the Council that it can acquire for the city a larger or other area of real property in the same block at a more reasonable price or on terms more advantageous to the city than those at which it could acquire the part immediately required for its purposes, the Council may acquire such larger or other area, and may afterwards dispose of so much of it as is not so required.

1953-55-538.

Repealed

539-540.  [Repealed 1987-23-122, effective December 24, 1987 (B.C. Reg. 451/87).]

Power to expropriate personal property

540.1  (1) The Council may, in conjunction with an expropriation of real property, expropriate personal property.

(2) Where the Council expropriates personal property under subsection (1), section 16 (3) to (9) of the Hydro and Power Authority Act applies.

1987-23-123, effective December 24, 1987 (B.C. Reg. 451/87).

Repealed

540A.  [Repealed 1987-23-123, effective December 24, 1987 (B.C. Reg. 451/87).]

Injurious Affection

Compensation for injurious affection

541.  Where real property is injuriously affected by the exercise on the part of the city of any of its powers, the city shall, unless it is otherwise provided in this or some other Act, make due compensation to the owner for any damage necessarily resulting therefrom beyond any advantage which the owner may derive from any work in connection with which the real property is so affected.

1953-55-541.

Power to enter other property

542.  It shall be lawful for the city to enter upon any real property in danger of being injuriously affected for the purpose of executing and to execute any work in mitigation of the apprehended injurious affection.

1953-55-542.

Claim to be filed

543.  A claim by an owner for compensation for damage resulting from his real property being injuriously affected shall be filed with the City Clerk, giving particulars of the claim, within one year after the injury was sustained, or after it became known to such person, and if not so filed, the right to compensation shall be forever barred.

1953-55-543.

How damage ascertained

544.  The amount, if any, of the compensation for damage for injurious affection, if not agreed upon, shall be determined, as at the date when the injurious affection first took place, by the court in accordance with the Expropriation Act.

1953-55-544; 1986-3-53, effective July 4, 1986 (B.C. Reg. 148/86); 1987-23-124, effective December 24, 1987 (B.C. Reg. 451/87); 2004-61-36.

General

Repealed

545-550.  [Repealed 1987-23-125, effective December 24, 1987 (B.C. Reg. 451/87).]

Change of street grade

551.  There shall be no compensation for injurious affection to a parcel by reason of the alteration of the grade or level of any street, except where

(a) upon written application of the owner, the grade or level so altered was established by the city with respect to such parcel;

(b) a concrete sidewalk was laid by the city on the portion of such street abutting the parcel and on the same side of the street.

1953-55-551.

Traffic powers

552.  There shall be no compensation for injurious affection by reason of the exercise of any power with respect to street traffic under Part XII.

1953-55-552.

Repealed

553-557.  [Repealed 1987-23-125, effective December 24, 1987 (B.C. Reg. 451/87).]

Repealed

558.  [Repealed 1958-72-38.]

Contents | Preamble | Part I | Part II | Part III | Part IV | Part V | Part VI | Part VII | Part VIII | Part IX | Part X | Part XI | Part XII | Part XIII | Part XIV | Part XV | Part XVI | Part XVII | Part XVIII | Part XIX | Part XX | Part XXI | Part XXII | Part XXIII | Part XXIV | Part XXV | Part XXVI | Part XXVII | Part XXVIII | Part XXIX | Part XXX