The Impact of Environmental Factors in an Expropriation
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Claimants and expropriating authorities are often faced with the challenge of determining what, if any, environmental discounts are to be applied in the expropriation of lands that may contain some level of contamination. From an authority’s perspective, there is a need to ensure that lands obtained in the public interest are remediated and free from environmental risk. From a claimant’s perspective, there is a need to ensure that it is compensated fairly and not forced to shoulder the costs of remediation that would not be necessary but for the expropriation.
In this webinar, municipal lawyer Jody Johnson is joined by Scott Stoll, a licensed professional engineer and experienced environmental litigator, and David Atlin, Senior Vice President, Research, Valuation & Advisory Services, Altus Group Limited, to discuss both legal and appraisal issues related to environmental factors in expropriation compensation.
- Does the Expropriations Act provide clear guidance on applying environmental discounts to market value assessments or injurious affection claims?
- How should remediation costs be apportioned in cases of partial takings?
- How does the highest and best use of a property affect the environmental discount to be applied?
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