Does a municipality have the right to expropriate land where the landowner has a dispute with the adjoining landowner's spouse?
Saskatchewan, Canada
The following excerpt is from Colhoun v Rural Municipality Of Lumsden No 189, 2013 SKQB 326 (CanLII):
In McLaren v. Brock, supra, which also related to the acquisition of a right-of-way for an existing road, the landowner advised the municipal council that he would not consider selling any land to the municipality until certain disputes with the adjoining landowner’s spouse were resolved. The municipality then wrote asking if he would consider selling a 66 foot strip of land, and if so at what price. The landowner replied by stating that he did not wish to sell his land, suggesting other alternatives which did not require such a sale. He reiterated that he would not pursue the matter further until the dispute with the adjoining landowner’s spouse was resolved. The municipality continued its efforts to reach an agreement over the course of the next year, finally moving to expropriate.
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