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Private Property Rights
The Issue
The Victoria Real Estate Board (VREB), along with the British Columbia
Real Estate Association (BCREA), is concerned about the issue
of private property rights in Canada. Federal and provincial
legislation that has an impact on private property rights is
continually introduced, often without notice to property owners.
Moreover, this legislation is often enacted without efficient
and transparent procedures for compensating affected property
owners.
BCREA uses the following as a definition of private property
rights:
The fundamental right to own and enjoy property should be guaranteed
in the Charter of Rights and Freedoms, like other fundamental rights.
Federal and provincial governments can place reasonable limits,
in the public interest, on the right to own and enjoy property.
However, people should not otherwise be deprived, by governments,
of this right, unless the taking (of property by governments) is carried out fairly and just
compensation is paid.
Examples
Major pieces of legislation contributing to the erosion of private
property rights in BC include the Heritage Conservation Act and
the Streamside Protection Regulation of the Fish Protection
Act.
VREB Position
The VREB and BCREA recommend:
Compensation
Award compensation to affected landowners. This compensation should:
- be awarded when property values are affected by de facto expropriation;
- account for the fact that property owners may lose value on their
property during the legislative process, as well as after any
enactments;
- reflect actual market value loss;
- be reasonable, with an appeal process in place for unsatisfied
property owners.
Provincial and Federal Entrenchment
Urge the federal government to protect private property rights
in the Canadian Charter of Rights and Freedoms and urge the provincial
government to protect private property rights when enacting provincial
legislation.
Ratification
Position ratified by the VREB Directors, September 2007.
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