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Municipal Government Act (MGA) - Section 534

According to section 534 of the Municipal Government Act (MGA), notices are required to be sent to landowners residing adjacent or next to a newly finished public work or structure. The notices must be delivered or mailed within one (1) year of completion of said work or structure.

The term "injurious affection" refers to the permanent decrease in the appraised value of land due to the presence of a public work or structure, excluding its construction, erection, or use of said public work or structure. 

In compliance with the MGA section 534, the Town of Drumheller provides the required notices to landowners. These notices serve to ensure that landowners are aware of their right to file a compensation claim. 

MGA Section 534 - Public Notice

For more information about the application process to make a section 534 claim, please visit the Government of Alberta website

Frequently Asked Questions

What is the purpose of the letter that I received?

The letter is part of the notice that the Town is required to provide under section 534 of the Municipal Government Act to owners of land that may abut a public work or structure. A notice about these projects also will appear in two (2) editions of the Drumheller Mail. 

How do I submit a claim?

You must send any claim in writing to the Town of Drumheller. 

Claims can be addressed to:

Town of Drumheller - Legislative Services 
Section 534 Claims 
224 Centre Street,
Drumheller, AB T0J 0Y4 

You can also send your claim via email to legislativeservices@drumheller.ca. Please note that claims sent via fax will not be accepted. The claim must be received within 60 days of the public notice being advertised in the Drumheller Mail.  

How do I know if I have a claim? I have questions about the process. Who can I talk to?

For more information about section 534, refer to the Town of Drumheller's Frequently Asked Questions section. For more information about the application process to make a section 534 claim, please visit the Government of Alberta website

Please note that the Town of Drumheller cannot provide you with any legal advice or information on whether your property may be eligible for compensation.

Can I submit a claim via email?

Yes. Claims can be submitted via email to legislativeservices@drumheller.ca

The claim must be received within 60 days after the public notice has been advertised in the Drumheller Mail. 

Can I submit a claim via fax?

No, claims sent via fax will not be accepted. You can submit your claim by mail or email

The claim must be received within 60 days after the public notice has been advertised in the Drumheller Mail. 

My property was damaged during the construction. Does section 534 compensate for that?

If you think you have a claim relating to property damage, please contact your legal representation for more information. 

For more information about the application process to make a section 534 claim, please visit the Government of Alberta website

I have a property that abuts a different public work or structure (ie. a project that was not advertised). Can I claim compensation for that?

Section 534 sets out deadlines for submitting a claim. If the deadline associated with that public work or structure has already passed, claims will not be accepted. 

If you believe your property abuts the land on which another public work or structure is situated, please email the Town at legislativeservices@drumheller.ca

My neighbour received a letter, but I did not. Why?

Notifications are only sent to owners whose land abuts the land on which a public work or structure is situated. 

If you believe your property abuts the land on which the public work or structure is situated, please email the Town at legislativeservices@drumheller.ca

How do I know if I have a claim?

If you meet the criteria of section 534, you may have a claim. If you believe that you have a claim, you must contact your legal representation to proceed with the process. 

Please review the requirements within section 534, which outline the process and important information about how claims are determined. 

What do I need to do to make a claim?

A valid claim must provide evidence of injurious affection to the property. Without proof of injurious affection, a claim cannot be considered. If you believe that you have a claim, you must contact your legal representation to proceed with the process.

For more information about the application process to make a section 534 claim, please visit the Government of Alberta website

What is injurious affection?

Under section 534 of the Municipal Government Act (MGA), injurious affection is defined as:

"the permanent reduction in the appraised value of land as a result of the existence, but not the construction, erection, or use, of a public work or structure."

This is the definition that the Town of Drumheller must apply, according to legislation. 

I have questions about the process. Who can I talk to?

The process is explained in section 534 of the Municipal Government Act, which can be found here. However, the Town of Drumheller cannot provide you with legal advice or information on whether your property may be eligible for compensation.

For more information about the application process to make a section 534 claim, please visit the Government of Alberta website

How do I determine if my property abuts a project?

This requires a legal interpretation, and thus the Town of Drumheller cannot provide advice on whether a property is abutting land on which a public work or structure is situated. Generally speaking, if your property line is touching the property line on which the public work or structure is situated, it will likely be considered abutting.

Can I use my tax assessment to prove a permanent reduction in appraised value?

Generally, no. A valid claim must provide evidence of injurious affection to your property, resulting in a permanent reduction in its appraised value. Although your annual property assessment provides an estimate of its market value, the legislated method of preparing this assessment differs from an appraisal of your specific property.

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