Stealth Confiscation

Book excerpt: In Canada, the principle of compensation for expropriation of property is well-established. Tradition, well-established common law principles, laws (including much provincial legislation that requires compensation for expropriation) and court rulings that reinforce the same are available to property owners who face a threat of unusable (and therefore devalued) property. However, unlike expropriation, regulatory changes that restrict the use of property (and can affect its value) rarely result in compensation in Canada, in contract to other developed countries. In Canada, governments can and do restrict the use of property to such an extent that the action is akin to expropriation.