This case was heard in the Supreme Court of Nova Scotia.

After the Province of Nova Scotia designated a portion of land in Lunenburg County as a “beach” under the provincial Beaches Act, various property owners applied for a Court declaration stating that their land had been constructively expropriated by the Province and that they were therefore entitled to compensation.

With the exception of one of the applicants, the Court held that the applicants had lost “virtually all economic value in the designated lands and thus have lost an interest in their property,” and it also held that the Province had acquired an interest in the land by preserving the lands “for the use and enjoyment of the public in general.” The Court therefore held that the applicants (with the one exception) had met both parts of the test that were necessary for a finding of constructive expropriation, and it declared that they were entitled to compensation.

To read about this case in the Nova Scotia Court of Appeal, go to Mariner Real Estate Ltd. v. Nova Scotia (Attorney General), 1999 CanLII 7241 (NS CA).

View the Decision on CanLII: https://www.canlii.org/en/ns/nssc/doc/1998/1998canlii1757/1998canlii1757.html

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