What is the test for a property owner to exercise eminent domain?
Alberta, Canada
The following excerpt is from Hopper v. Foothills (Municipal District No. 31), 1974 CanLII 284 (AB QB):
That statutes which encroached on the right of the subject, whether as regards person or property, are subject to a strict construction is a well established principle of law. "Where a statute provides for certain formalities to be followed, if it is desired to exercise the right of eminent domain, the statute must be strictly complied with, and a court cannot say that compliance with such conditions precedent can be dispensed with": Rex v. Lee (1918), 1917 CanLII 461 (FC), 16 Ex. C.R. 424 at 428.
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