To be Absolutely Clear here, this LAW was Written to Evict Site C farmers and residents.
Ministry of Forests, Lands and Natural Resource Operations: Applications and Reason for Decision
A water licence entitles its holder the right to:
Expropriate any privately owned land reasonably required for the construction, maintenance, improvement or operation of the works authorized under a licence or for flooding.
Expropriate any land necessary to help prevent pollution of the diverted water if the licence authorizes the use and diversion of water for domestic or waterworks purposes.
However, negotiation with private landowners generally takes less time than expropriation and is often less expensive. A licensee must pay compensation for any land expropriated. Expropriation can be a costly alternative to negotiated permission.
Copies of the relevant portions of the Water Act and Water Regulations, and a sample “Notice of Intent to Acquire an Interest in Land” are included for your information.
Section 27(2) of the Water Act empowers every licensee with the right to expropriate any land reasonably required for the construction, maintenance, improvement or operation of works authorized under licence.
Applications for expropriation matters should be directed to the Supreme Court.
Please seek legal advice if you require assistance in this regard.
Lawyer Referral Service:
(800) 663-1919 or within Vancouver (604) 687-3221
BC Association Appraisal Institute of Canada:
OWNER TO GIVE NOTICE BEFORE INTERFERING WITH WORKSWas the law written to address 'a promise made, a promise kept' by Premier Christy Clark to LNG companies to put an end to Kitimat's flood plain and of course the fresh water needs?
Despite a right or title acquired or held under a statute or indefeasible or absolute title, an owner of land or other person who proposes to alter, move, fill in or otherwise interfere with works authorized under a licence must, before doing so, give the licensee 6 months' notice in writing of the act or thing proposed to be done.