Can a property’s highest and best use at the time of expropriation be taken into account in a compensation claim?
British Columbia, Canada
The following excerpt is from Tanex Industries Ltd. v Greater Vancouver Water District, 2019 BCSC 74 (CanLII):
A property’s highest and best use may not necessarily be the use at the time of expropriation. If it is not, then the costs to elevate its use to that point can be taken into account in a compensation award: Nguyen v. British Columbia (Transportation and Infrastructure), 2018 BCSC 192 at paras. 117-122.
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