How much compensation am I entitled to if the government expropriates my land?

What the Law Says

Under Canada’s federal Expropriation Act, the government must fairly compensate landowners when it takes their property for public purposes. Compensation is not discretionary — it is a legal right defined by clear statutory rules.

The Crown must first make a formal offer of compensation to the owner. This offer must be based on the market value of the land at the time of expropriation.

Compensation goes beyond just land value. It includes damages for disturbance (e.g., business interruption), relocation expenses, and any other financial losses directly caused by the expropriation.

Market value is defined as the amount that would have been paid for the interest in the land by a willing buyer from a willing seller in an open market transaction — without compulsion and with both parties acting knowledgeably.

Statutory Text

Crown must make an offer of compensation to the owner based on market value.

— Expropriation Act, s. 23 — Offer of compensation

Statutory Text

Compensation is based on the market value of the land plus damages for disturbance, relocation and other losses.

— Expropriation Act, s. 24 — Compensation determination

Statutory Text

Land value is the amount that would have been paid for the interest in land if sold on the open market.

— Expropriation Act, s. 25 — Rules for determining compensation

What to Do

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