When Deciding Whether to Allow a Taking of Property We Need to Ask What We Want Property Rights to Do

Authors

Douglas C. Harris, Allard School of Law at the University of British ColumbiaFollow

Faculty Author Type

Current Faculty [Douglas C. Harris]

Document Type

Response or Comment

Publication Date

2018

Subjects

Property, Strata Property, Condominium, Land, Takings, Cities, Vancouver

Abstract

In recognition of the dangers inherent to a regime that enables a majority of owners to terminate the individual property interests of a dissenting minority, the Strata Property Act requires that strata corporations secure court confirmation of dissolution votes. Not surprisingly, the shift to a lower dissolution threshold, the rapidly rising land values in British Columbia’s urban centres, and the increased costs of maintaining aging buildings, have precipitated a growing number of dissolution votes and a steady flow of applications to the British Columbia Supreme Court (BCSC) to confirm the votes.

Locate the Document

http://canliiconnects.org/en/commentaries/54749

Citation Details

Douglas C Harris, “When deciding whether to allow a taking of property we need to ask what we want property rights to do” (2 February 2018), online (blog): CanLII Connects <https://canliiconnects.org/en/commentaries/54749>.