Quote:
Originally Posted by GP_Matt
I think Eminent Domain is an American term but could be wrong. In Alberta land is taken under the Expropriation Act, but that law only applies on land that falls under provincial jurisdiction.
I am not really sure if the Federal government has a similar act, but don't think so as the provinces would likely raise a stink if the federal government decided to expropriate provincial land (especially since the federal government isn't required to pay property taxes).
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You could be right, if expropriation is the generic term I'll go with that instead.
My point is that the federal government (as far as I know) cannot unilaterally take reserve land from the aboriginals, say to build an air force or to transfer it to the province.
The reason the land required for the ring road can't be easily acquired is not that it's federal, it's that it's reserve. That's why the negotiations are between the province and the reserve, rather than between the province and the country.