COMPENSATION: COURT FINDINGS
Updated: Oct 21
YOU HAVE ALLOWED THE EXPROPRIATION OF OUR PROPERTIES
SUPREME COURT: COMPENSATION FOR WATERSHED LOSSES
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RESEARCHER’S NOTICE — AT A GLANCE |
Issue / reference: R16 Title: COMPENSATION: COURT FINDINGS Subheading: Read the compensation decision in its proper setting Summary / importance: This entry points researchers to the Lynch decision and commentary about compensation and watershed restrictions. Main question: What did the judgment actually decide, and which facts and legal steps would be required to apply it to this parcel? Evidence status: Case references and commentary; another case does not establish a taking or compensation entitlement in Severn. Who pays? Keep proof of entitlement, valuation and the expense of pursuing a claim distinct. |
Compensation for land’s expropriation cannot ignore land-use restrictions from watershed zoning: SCC. Newfoundland property owners argued zoning was enacted…
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In 2024, the Court’s decision in City of St. John’s v Lynch, 2024 SCC 17, has now provided guidance on the application of key principles to the determination of compensation in constructive takings and other expropriation cases. canliiconnects.org/en/commentaries/93941
Supreme Court of Canada Clarifies Law of Constructive Takings www.scc-csc.ca › judgments-jugements › cb Supreme Court of Canada | St. John’s (City) v. Lynch
May 10, 2024 · in 1994, the Lynch property was zoned as watershed (the “watershed zoning”).
Within the watershed zone, the City’s permission is required for any use of the land, and it may only be granted for three discretionary uses: agriculture, forestry and public utility.
gowlingwlg.com › en-ca › insights-resources Supreme Court compensation de facto expropriation | Gowling WLG
May 13, 2024 · In a unanimous decision, the Supreme Court of Canada allowed the appeal, finding that compensation for the Lynch family's land must take into account the Watershed zone, which was an independent enactment and not made with a view to expropriation.
www.canadianlawyermag.com › news › general Compensation for land’s expropriation cannot ignore land-use ...
May 10, 2024 · The assessed value of a Newfoundland family's expropriated property must take into account the land’s watershed zoning that precludes residential development and reduces its value, the Supreme Court of Canada has found. scc-csc.gc.ca › pdf › cbCase in Brief: St. John s (City) v. Lynch
May 27, 2024 · In 2024, the Court’s decision in City of St. John’s v Lynch, 2024 SCC 17, has now provided guidance on the application of key principles to the determination of compensation in constructive takings and other expropriation cases.
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