The basis of British Common Law (BCL) is the protection of property - says so in the Magna Carta,
thus the civil process of expropriation is designed to provide maximum protection for a property
owner, through a complex administratve process. This requires a public entity such as a municipality
to undertake a due diligence of the property, title search, tax status, details of principals, environmental
assessment, a right to a public hearing, and an elaborate appeal process. For example when we were
building the AeroTech Business Park, Halifax HRM NS, a supply of potable water was a major problem
-resolved that by finding a new, pristine water source which was shared with TC -Airport Halifax. The
destination of the pipe line went through a property owned by a major oil company, well known to
us. An offer was made to purchase the land at current market value-refused, Second offer, refused
-advised them that Halifax County would exproriate the land, they replied, "try it". The land was
expropriated at fair market value - the oil company appealed before the NS Planning Board in a
public forum - they lost. The site in fact is where we located the UT Pratt&Whitney Plant a $100
million investment, which created many high paying technology based jobs and substantial ongoing
tax revenue - process to acquire the land took five years. I doubt, regardless what the US Court
has decided that any politican would go along with a plan to seize and demolish dwellings - a
compromise would be negotiated - just ask WalMart. But the development process goes forward on
a continuing daily basis. that is why municipal and provincial units hire planners and lawyers - it is simply
a fact of life in North America in particular. MacLeod