The Municipality may acquire property that it requires for its operational purposes or for public purposes. The Municipality, as part of an approved Capital Works Project, acquires land for such purposes as:
• Infrastructure such as roads, sidewalks, bridges, etc.;
• New HRM facilities such as community centres, fire stations, transit terminals, park lands, etc.;
During the design phase of any project, research into the abutting property owners is conducted to help identify those effected by the proposed project. Following identification a communication plan is developed and delivered by the Capital Project Team that is responsible for the scope of work.
The municipality acquires property at fair market value by obtaining the services of a accredited appraiser to assist in establishing the fair Market value and related compensation for the ‘land' required for the Project. In some cases the ‘land' may be the entire property, or a portion of the property, depending on the project requirement.
• Identify and contact effected property owners
• Procure the services of qualified appraiser
• Present Letter of Offer to property owner
• Negotiate agreement with property owner
• Obtain appropriate Municipal approval for acquisition of property
• Present an Agreement of Purchase and Sale to property owner
• Conduct any required survey work and due diligence for the property
• Close on the property acquisition
Depending on the priority of the project the acquisition process for the property can range from 2 to 6 months from start to finish.
The majority of the time the Municipality is able to negotiate an agreement with the property owner. If an agreement can not be reached, and Regional Council considers it necessary to acquire the property for Municipal purposes, the Municipality, as a designated authority through the Expropriation Act, can acquire the property by expropriation. An expropriation is the taking of land without the consent of the owner by an expropriating authority exercising its statutory powers. For more information on the Expropriation Act go to www.gov.ns.ca/legislature/legc/statutes/exproprn.htm.
No, adverse possession does not apply with any government property. And HRM, at any time, can ask the proponent to relocate the encroachment and return the land to its natural state at the proponent's expense.
No, please call 311 and advise the Service Representative that you are inquiring about erecting a sign and they will connect you with the appropriate business unit.