Voluntary Exchange: Replacing Expropriation with Respect

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The inaugural issue of Pipeline Observer features an article by Elizabeth Brubaker, who proposes a voluntary siting process for pipelines, transmission lines, and other facilities. Continue reading

Expropriation hearings a sham?

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Elizabeth Brubaker writes in the Winnipeg Free Press that a decision by Winnipeg city council will reveal whether a system of hearings designed to protect property owners from unfair or unreasonable expropriation is a sham. Continue reading

Expropriation in the news: The public projects edition

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This sampling of stories covered by the media in 2014 provides an overview of expropriations for roads, sewers, and other public purposes. Despite the public nature of the projects, many of the takings raise troubling questions about the process. Continue reading

Corporate bullying: Expropriating for private purposes in Nova Scotia

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Nova Scotia’s Expropriation Act authorizes the taking of private land for public works and other public purposes. But expropriation in the province increasingly serves private purposes, helping international resource development companies acquire land at reduced prices. This article by Elizabeth Brubaker reviews recent expropriations for three private projects – the Black Point Aggregate Quarry, the Touquoy Gold Mine, and the Maritime Link Transmission Project. Continue reading

Replacing Expropriation with Voluntary Exchange: A Property Rights Approach to Siting Facilities

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In this conference presentation, Elizabeth Brubaker questions whether development that relies on expropriation can ever be truly sustainable. She proposes a voluntary siting process in which developers acquire land or easements from willing sellers on the open market. Continue reading

Expropriation in Canada: Discretion Masquerading as Law

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Although expropriation is one of the most extreme uses of government power, Canadian governments have almost complete discretion over when they resort to it. Governments often justify this violation of their citizens’ property rights as being necessary to carry out public purposes. But expropriations that serve private interests, and those that are unnecessary, have become commonplace. Citizens have little recourse against arbitrary, unfair, and unjustified expropriations. This study by Elizabeth Brubaker provides an overview of federal and provincial expropriation laws. It examines the forums that give landowners only an illusion of meaningful participation in the expropriation process. It looks at a number of disputed expropriations, and at how the courts have grappled with them. And it suggests reforms to better balance the needs of governments with the rights of landowners. Continue reading