Patterson Law Expropriation Blog

Patterson Law routinely represents parties involved in all aspects of expropriation cases. Our expropriation practice is national in scope and we represent all classes of parties to expropriations.

Author: Created: 7/6/2012 2:12 PM RssIcon
Expropriation
By Expropriation Group on 7/27/2012 7:12 AM
The Expropriation Blog launched on July 27, 2012.  As you can see, our first entry is already posted. That first entry is meant to be a brief introduction to the law of expropriation. Our experienced expropriation team will post informative articles providing information related to the expropriation process, compensation, comments on new cases and news updates in this specialized area of legal practice. We will regularly update this blog, posting on a wide range of topics including principles of expropriation law, developments in the case law, legislative amendments, and judicial pronouncements. 

If you have questions or would like to discuss this topic further, please contact Robert H. Pineo or Jeremy P. Smith at...
By Expropriation Group on 7/27/2012 12:01 AM
“Expropriation” is the taking of land by a statutory authority without the consent of the owner.  In practical terms, land is required for the public good.  Infrastructure such as roads, hospitals, sewer plants, industrial parks, railroads, power transmission lines, pipelines, schools, airports, etc. are required for the public interest.  Often, specific land is required for these projects: for example a road must run continuously in a line, so the land in its path is required; a hospital must be near transportation routes; schools away from dangerous industrial activities; etc.

The underlying theory of expropriation compensation is that the landowner whose land has been expropriated should not be required to contribute “more” to a project than any other member of the public does by paying taxes.  Therefore, expropriation legislation is to be interpreted by tribunals and courts in such a way as to provide full compensation to the landowner.  Otherwise, the landowner contributes twice – once by providing...