BILL NO. 42

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
56 Elizabeth II, 2007

Private Member's Bill

Municipal Government Act
(amended)

Howard Epstein
Halifax Chebucto

First Reading: November 29, 2007

(Explanatory Note)

Second Reading:

Third Reading:

This Bill requires that, where a municipality expropriates a residential lot of land for a road, the municipality must offer to purchase all of the lot.

1 Section 52 of Chapter 18 of the Acts of 1998, the Municipal Government Act, is amended by adding immediately after subsection (3) the following subsections:

(4) Notwithstanding subsection (3) and the Expropriation Act, including in particular Section 4 of that Act, where a municipality proposes to acquire part of a residential lot of land for a street, including the widening or alteration of a street,

(a) the municipality shall offer to purchase all of the lot; and

(b) where the municipality expropriates any of that land, the municipality shall expropriate all of the lot unless the owner of the lot requests otherwise.

(5) For greater certainty,

(a) nothing in subsection (4) prevents the owner of a lot from agreeing to sell only part of the lot; and

(b) where a municipality acquires a lot as a result of an offer made pursuant to subsection (4), the municipality may sell any part of the lot that it does not require for the street.

(a) commenced but not completed before; or

(b) commenced after,

this Act comes into force.