Expropriation ruling could play a role: lawyer

A new ruling should give a headsup to anyone facing expropriation along the future west LRT line, a lawyer says.

The Alberta Land Compensation Board this month found in favour of Can-West Corporate Air Charters, a company forced to move from the City Centre Airport when the city expropriated leases there to develop a residential neighbourhood.

Can-West received the city ’s formal intention to expropriate, then found a new location at Edmonton International Airport and moved before the expropriation was finalized on title.

The move cost money — to set up new offices and broker a new lease — but when it submitted a claim to the city, lawyers turned the company down, saying it moved too early.

On March 1, the board ruled the city lawyers were wrong.

“This is a key decision, particularly, for tenants,” said Don Mallon, a lawyer for Can-West who has been practising in this area of law for 40 years.

It means tenants and property owners can be proactive, he said. Once they have formal notice of the expropriation proceedings, they can reduce their losses by finding a new location right away. Regardless of when they move, the city must fairly compensate them.

Mallon and his firm, Prowse Chowne LLP, issued a news release Tuesday to spread the word. The firm is also trying to help those facing expropriation along the west LRT learn more about their rights at an open house March 15.

Compensating not just landowners, but tenants such as Can-West, is something the city has done in the past, but for some reason decided to fight this time, said Mallon.

City officials were not available to comment Tuesday.

The board has yet to decide how much the city owes Can-West.

In the west end, about 20 businesses and 13 homes are threatened by the proposed Valley Line LRT route. Another 20 businesses and a three-storey apartment building will be under threat of expropriation if council opts for a proposed underpass at 149 Street.

City officials have already started buying up property.

When asked what compensation was available, they said landowners are offered market value, while any additional compensation is considered on a case-by-case basis.

Mallon said under the law, anyone with an interest in a property, tenants included, has the right to three things: market value for their interest or land; compensation for all damages, including for construction damages if their land is only partially expropriated; and for legal or other professional fees to be covered.

“That levels the playing field,” he said, encouraging anyone faced with expropriation to seek legal advice.