The municipal government has determined that it wants to expand a popular walking trail system that runs through the city.This city issues a notice to the effected landowners stating that it is claiming this land and that the landowners will receive an assessment of the value of their land and payment.Can the government do this?

Question

Quizplus · Accepted Answer

The concept of "eminent domain" allows the government to claim private property for public use, as long as it provides fair compensation to the landowner. In this case, the government is trying to expand a popular walking trail, which could be considered a public use. Therefore, the government can claim the land for this purpose, as long as it provides fair compensation to the landowners. Choice A is incorrect because while the government does have certain powers over property, it does not ultimately own all property in Canada. Choices C and D are incorrect because they suggest that the government cannot claim private property at all, which is not accurate. Choice E is also incorrect because the ability to claim private property for public use under eminent domain is a federal power, not one that varies by municipality.

The Municipal Government Has Determined That It Wants to Expand