Expropriation Act Forms Regulation

Link to law: http://www.qp.alberta.ca/1266.cfm?page=2001_188.cfm&leg_type=Regs&isbncln=9780779768561&display=html
Published: 2012

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AR 188/2001 EXPROPRIATION ACT FORMS REGULATION (Consolidated up to 214/2012)
ALBERTA REGULATION 188/2001
Expropriation Act
EXPROPRIATION ACT FORMS REGULATION Forms
1   The forms in the Schedule are the forms prescribed for the purposes of the sections of the Act indicated on them.
Repeal
2   The Forms Regulation (AR 473/81) is repealed.
Expiry
3   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be re‑passed in its present or an amended form following a review, this Regulation expires on November 30, 2015.
AR 188/2001 s3;354/2003;297/2009;214/2012
  Schedule
Form 1
Expropriation Act (Section 8)
Notice of Intention to Expropriate
1   Take Notice That  (full description or name of expropriating authority)  intends to expropriate the following land:
                                                   (description of land or a survey plan showing the land required outlined in red)
2   The nature of the interest in the land intended to be expropriated is: (describe nature of the interest)
3   The work or purpose for which the interest in the land is required is: (describe the work or purpose)
4   Section 6 of the Act provides that:
6(1)  No person may in any proceedings under this Act dispute the right of an expropriating authority to have recourse to expropriation. (2)  In any proceedings under this Act the owner may question whether the taking of the land, or the estate or interest in it, is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority.
5   Section 10 of the Act provides that:
10(1)  An owner who desires an inquiry shall serve the approving authority with a notice of objection,
                                          (a)    in the case of an owner served in accordance with section 8(2), within 21 days after service on the owner of the notice of intention, and
                                          (b)    in any other case, within 21 days after the first publication of the notice of intention.
(2)  The notice of objection shall state
                                          (a)    the name and address of the person objecting,
                                          (b)    the nature of the objection,
                                          (c)    the grounds on which the objection is based, and
                                          (d)    the nature of the interest of the person objecting.
6   A person affected by the proposed expropriation does not need to serve a notice of objection to the expropriation in order to preserve his right to have the amount of compensation payable determined by the Board or the Court, as the case may be.
7   The approving authority with respect to this expropriation is: (give full name and address of the approving authority).
Dated this _____ day of ____________, 20___
 (signature of appropriate official of
 the expropriating authority)      
 (full name and address of the     
 expropriating authority)         
Form 2
Expropriation Act (Section 10)
Notice of Objection
Take Notice That
1      (full name(s), and address(es) of the persons(s) objecting)         ______________________________________________________hereby object to the expropriation of the interest in the land set forth in the Notice of Intention to Expropriate dated the _____ day of ____________, 20___ relating to the proposed expropriation by   (full name and address of the expropriating authority)  
2   (set out the nature of the objection)
3   (set out the grounds on which the objection is based)
4   (describe fully the nature of the interest in the land of the person(s) objecting)
Dated this _____ day of ____________, 20___
(signature of the person(s) objecting or 
the Solicitor of the person(s) objecting)
(full name and address of          
 that person(s) or Solicitor)         
To   (name and address of the approving authority)  
Form 3
Expropriation Act (Section 15)
Notice of Inquiry
Take Notice That   (name of inquiry officer)  , as inquiry officer appointed by the Minister of Justice and Solicitor General for Alberta, will hold an inquiry at the following time and place: ____________.  The inquiry officer will inquire into whether the intended expropriation by   (name of expropriating authority)   of   (describe the land and the interest therein intended to be expropriated)   is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority.
Dated this _____ day of ____________, 20___
  (name and signature of the inquiry officer)  
To   (each person who has objected)  (the expropriating authority)  
Form 4
Expropriation Act (Section 18)
Certificate of Approval
  (name and address of approving authority)   hereby approves the expropriation of the following land:   (describe the land expropriated fully or by reference to a plan of survey either accompanying the certificate or previously registered.)  
1   The nature of the interest in the land expropriated is             
2   The work or purpose for which the interest in the land is expropriated is   
3   The expropriating authority is __________________________
       (name and address of the expropriating authority)                
4   The land stands in the Register of the __________ Alberta Land Registration District in the name(s) of ____________ in Certificate of Title Number ____________
Dated this _____ day of ____________, 20___
 (signature of appropriate official
 of the approving authority)     
(full name and address of          
 the approving authority)       
(In the case of expropriation by a municipality, a certified copy of the resolution or bylaw approving the expropriation must be attached to this certificate.)
Form 5
Expropriation Act (Section 24)
Notice of Abandonment of Expropriation
Take Notice That
1   (name of expropriating authority)   does hereby abandon its intention to expropriate any interest in the land described as: ___________ standing in the Register of the __________ Alberta Land Registration District in the name(s) of ______________ ____________ under Certificate of Title Number ____________
2   The Registrar of the ____________ Alberta Land Registration District is hereby requested to cancel and discharge the Notice of Intention to Expropriate dated _____ day of ____________, 20___ and registered on the _____ day of ____________, 20___ as Number ____________
Dated this _____ day of ____________, 20___
 (signature of appropriate official
 of expropriating authority)    
 (full name and address          
 of expropriating authority)    
To __________________________
   All owners
   The Approving Authority
   The Registrar of Land Titles
Form 6
Expropriation Act (Section 31)
Notice of Expropriation
To                     (name of the owner)                                    
                          (address)                                                  
Take Notice That
1   The following land
                      (set out description)                                       
has been expropriated on the _____ day of ____________, 20___ and is now vested in the expropriating authority.
(Where the expropriated estate or interest is less than a fee simple, the interest will be stated, e.g., right of way for a pipe line.)
2   The name and address of the expropriating authority for service and further communication is:
                          (name)                                                    
                         (address)                                                   
3   For your information and convenience we will set out the provisions dealing with your right to immediate payment of compensation based on an appraisal report, dealing with the expropriating authority’s right to take possession and dealing with your right to costs.
(The relevant sections will be attached; they are sections 29, 31, 32, 33, 35, 37 and 64.)
4   If you are not satisfied with the amount the expropriating authority is willing to pay, you may take the matter to the (Land Compensation Board or the Surface Rights Board, as the case may be) at _______________________________________________  (Where the expropriating authority is the Crown, add: or if you prefer you may commence proceedings in the Court of Queen’s Bench.)  
5   If you do not commence proceedings within one year of the date of receipt by you of the written notification of the proposed payment given by the expropriating authority, the amount of the proposed payment shall be conclusively deemed to be the full compensation to which you are entitled.
Form 7
Expropriation Act (Section 31)
Notice of Proposed Payment
To                     (name of owner)                                           
                         (address)                                                   
Take Notice That
1     (name of expropriating authority)   has on the _____ day of ____________, 20___ served on you a Notice of Expropriation.
2     (name of expropriating authority)   has had an appraisal made of the interest in the land expropriated as more particularly described in the Notice of Expropriation and a written copy of such appraisal is attached.
3   Based on such written appraisal the   (name of expropriating authority)   proposes to pay to you the amount of ________ (      ) dollars in full satisfaction of any claim that you may have with respect to the land expropriated.  The amount is determined as follows:
                                          (list those separate items and amounts, including severance damage, that make up the said amount)
4   For your information and consideration we again direct your attention to those sections of the Act set out in item 3 of the Notice of Expropriation served on you dealing with your right to immediate payment of the amount of compensation set out in this Notice, dealing with the expropriating authority’s right to take possession and dealing with your right to costs.
Dated this _____ day of ____________, 20___
 (signature of appropriate official    
  of expropriating authority)       
 (name and address of expropriating authority)
Form 8
Expropriation Act (Section 64)
Notice of Possession
To                (name of person in possession)                            
                 (address of person in possession)                        
Take Notice That
1     (name of expropriating authority)   has registered in the Land Titles Office for the __________ Alberta Land Registration District on the _____ day of ____________, 20___ as Number __________ a Certificate of Approval issued by   (name of approving authority)  .
2     (name of expropriating authority)   has on the _____ day of ____________, 20___ served on you a Notice of Expropriation.
3     (name of expropriating authority)   will require and hereby demands possession of the expropriated interest in the land described as   (describe land and interest therein)  , on the _____ day of ____________, 20___.
Dated this _____ day of ____________, 20___
 (signature of appropriate official)     
 of the expropriating authority)       
 (name and address of expropriating authority)
AR 188/2001 Sched.;217/2002;170/2012