Friday, June 6, 2014
Doug Harris (UBC) had an op-ed yesterday in the Vancouver Sun about some recent developments regarding the land that was the subject of the Supreme Court of Canada’s most recent foray into regulatory takings. The case is CPR v. Vancouver, 2006 SCC 5. A brief recap of the facts: "In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city should pay compensation. The case, which rose to the Supreme Court of Canada in 2006, marked that court’s first engagement with the doctrine of regulatory taking (also known in Canada as de facto expropriation) in nearly twenty years. " Doug also has a terrific, more academic piece on the case up on SSRN. It's here.