Notice of Intention to Expropriate
Posted January 21, 2021
THE EXPROPRIATION ACT
R.S.A. 2000, Chapter E-13, as amended
NOTICE OF INTENTION TO EXPROPRIATE
EXPROPRIATING THE TOWN OF PEACE RIVER
AUTHORITY: c/o Prowse Chowne LLP
1300 The Phipps McKinnon Building
10020 101A Avenue
Edmonton, AB T5J 3G2
Attention: Paul Barrette
1. TAKE NOTICE THAT the Town of Peace River (as Expropriating Authority) intends to expropriate:
a. Those portions shown in red on Schedule “A” to this Notice of Intention to Expropriate of the following lands:
ALL THAT PORTION OF THE FRACTIONAL NORTHEAST QUARTER OF
SECTION THIRTY (30)
TOWNSHIP EIGHTY THREE (83)
RANGE TWENTY ONE (21)
WEST OF THE FIFTH MERIDIAN, WHICH LIES TO THE WEST OF THE LEFT BANK
OF THE PEACE RIVER, AND SOUTH AND EAST OF THE RIGHT OF WAY OF THE NORTHERN ALBERTA RAILWAYS COMPANY’S RAILWAY, AS SHOWN ON RAILWAY PLAN 1373CL AND WHICH IS NOT INCLUDED WITHIN THE LIMIT OF THE ADDITION TO SHAFTSBURY SETTLEMENT, AS SHOWN ON A PLAN OF SURVEY OF THE NORTH WEST QUARTER OF THE SAID TOWNSHIP SIGNED AT OTTAWA ON THE 12TH DAY OF JUNE, A.D. 1913,
CONTAINING 18.5 HECTARES (45.70 ACRES) MORE OR LESS
EXCEPTING THEREOUT: (A) 0.668 HECTARES (1.65 ACRES) MORE OR LESS, FOR ROAD, AND 1.24 HECTARES (3.07 ACRES) MORE OR LESS, FOR CONNECTING ROAD, BOTH AS SHOWN ON ROAD PLAN 1552LX
(B) 0.609 HECTARES (1.50 ACRES) MORE OR LESS AS SHOWN ON ROAD PLAN 8320039
EXCEPTING THEREOUT ALL MINES AND MINERALS
2. The nature of the interest in the Lands to be expropriated is:
a. A permanent right of way interest in the areas identified as such in red on Schedule A; and
b. An easement for temporary working space until August 30, 2022 over the areas identified as such in red on Schedule A.
3. The work or purpose for which the interest in the Lands is required is:
Without limitation, to facilitate the realignment, construction, maintenance and operation of water and wastewater distribution lines from Lower West Peace to the Pines Areas.
4. Section 6 of the Act provides that:
6(1) No person may in any proceedings under this Act dispute the right of an expropriating authority to have recourse to expropriation.
(2) In any proceedings under this Act the owner may question whether the taking of the land, or the estate or interest in it, is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority.
5. Section 10 of the Act provides that:
10(1) An owner who desires an inquiry shall serve the approving authority with a notice of objection,
(a) in the case of an owner served in accordance with section 8(2), within 21 days after service on the owner of the notice of intention, and
(b) in any other case, within 21 days after the first publication of the notice of intention.
(2) The notice of objection shall state
(a) the name and address of the person objecting,
(b) the nature of the objection,
(c) the grounds on which the objection is based, and
(d) the nature of the interest of the person objecting.
6. A person affected by the proposed expropriation does not need to serve a notice of objection to the expropriation in order to preserve his right to have the amount of compensation payable determined by the Board or the Court, as the case may be.
7. The approving authority with respect to this expropriation is the municipal council of the Town of Peace River
Dated this 18 day of December, 2020
Christopher J. Parker, CLGM
Chief Administrative Officer