CanadaWhat rights do I have if the government only takes part of my property?
If the government takes only part of your property in Canada, you are entitled to fair compensation for the market value of the portion taken, plus additional damages for disturbance, relocation, and other losses.
What the Law Says
Canadian law ensures that property owners receive fair compensation when the government takes part — not just all — of their land. The federal Expropriation Act sets out how that compensation is calculated and what losses qualify.
When only part of your land is taken (a 'partial expropriation'), you are still entitled to full compensation under the Expropriation Act. This includes not only the market value of the land actually acquired, but also financial losses caused by the taking — such as business interruption, moving expenses, legal fees, and diminished value of the remaining land.
The law treats partial takings seriously: even if most of your property remains, the impact on access, use, or marketability may significantly reduce the value of what’s left — and that loss is compensable.
Statutory TextCompensation is based on the market value of the land plus damages for disturbance, relocation and other losses.
— Expropriation Act, s. 24 — Compensation determination
Statutory TextLand 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
Get an independent appraisal of both the portion taken and the residual (remaining) property before and after the taking.
Document all disturbance-related costs — e.g., moving, legal advice, temporary storage, business losses.
Review the expropriating authority’s offer carefully; you have the right to negotiate or apply to the court for a reassessment.
File a claim with the Federal Court within 1 year of receiving the compensation offer if you disagree with the amount.
Consider consulting a lawyer experienced in expropriation law — especially for complex cases involving business land or severance impacts.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.