Land acquisition for highway use

The Department of Transportation and Infrastructure acquires land when it is required to build or improve highway infrastructure in New Brunswick. The goal is to ensure the safe and efficient movement of people and goods while treating property owners fairly and transparently. 

Engineers and technical professionals carefully study multiple factors to determine the best location for highway infrastructure. These considerations include road safety requirements, slope and curvature, environmental impacts, effects on waterways and coastal areas, economic factors and potential impacts on surrounding properties. Based on these considerations, the department identifies the land required to support the project and its long-term safety and performance. 

Introduction

A land agent will show landowners a survey of the land that the department intends to acquire and explain the scope of the project. They are authorized to make an offer of purchase and execute legal documents, but any settlement will require confirmation from the department’s head office. 

Determination of purchase price

The department completes a valuation of the land and buildings which they intend to purchase. They determine the valuation through an economic study using market data of similar properties and neighbourhoods. Owners can help by providing the land agent with information about their property. 

Final agreement 

If the land agent and owners come to an agreement, the land agent will deliver a cheque for the agreed amount when they obtain signatures on the final transfer documents. The department will register the documents and survey plans at Service New Brunswick at its own expense. 

Expropriation is a statutory process under the New Brunswick Expropriation Act which involves the acquisition of real property rights without the consent of an owner, by an expropriating authority. Expropriation is used when an agreement between the department and owner is not possible or to satisfy project timelines. It may also be used where there is no clear owner or where the department requires full title clear of any easements or other encumbrances to the land.

The minister, acting as an expropriating authority, can acquire land for highway purposes in the public interest. In such cases, an independent appraiser determines the land value and injurious affection owed to the owners.

Land agents are available throughout the expropriation process to answer questions or help finalize an agreement with owners.