NCA Property Law Practice Questions - NCA Canadian Property Law Examination Exam

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A municipality refuses to approve development of privately owned land and effectively designates it for public parkland without compensation, while never formally expropriating title. Following Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36, when may a landowner claim a 'constructive taking' (de facto expropriation)?

Where the state acquires a beneficial interest in the property OR effectively removes all reasonable uses of it Only where formal title actually passes to the state Never, because regulation can never amount to a taking in Canada Only where the Charter expressly protects property rights

Correct Answer:

Where the state acquires a beneficial interest in the property OR effectively removes all reasonable uses of it

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