Disguised Expropriation: What Remedies Do Owners Have?

Our partner Isabelle Landry, who specializes in administrative and municipal law, talked with the Radio-Canada team about property owners' rights in the context of disguised expropriation.

Whether for environmental or heritage issues, disguised expropriations are on the rise. Disguised expropriations are particular in that they force the owner to undertake the necessary steps before the Superior Court.

The owners must themselves take steps to obtain the compensation to which they are entitled. There are two main components to this compensation: the real estate compensation, which is the value of their land; and the incidental compensation, which includes all damages that are directly caused by the expropriation. All damages directly caused by the expropriation must be compensated in order for the owner to be put back in the same position as before the disguised expropriation, explains Isabelle Landry.