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In our society, the right to property is held sacred. In order to protect property rights, the taking of private property for a public purpose (known as expropriation) requires that certain strict procedures be followed. Affected property owners can file a Notice of Objection to the proposed taking of their land.
When a Notice of Objection is received, the Minister of Justice appoints an Inquiry Officer to inquire into whether the intended expropriation is fair, sound, and reasonably necessary for the accomplishment of the objective of the expropriating authority.
At such inquiry, the objective of the expropriating authority, be it to construct a road, a drainage ditch, a railway, a school or any other public purpose is not an issue, as that objective is determined by the expropriating authority itself. What is at issue is whether the proposed taking is fair, sound, and reasonably necessary to accomplish the stated objective. The Inquiry Officer makes an objective determination and submits his report to the expropriating authority, which can then confirm, abandon, or modify its decision to expropriate.
Larry P. Carr, Q.C., has been appointed as Inquiry Officer with respect to more than 50 proposed expropriations in the Province of Alberta.