Question
The factual background of the case involved 965 acres of vacant lands acquired by Annapolis Group Inc. (Annapolis) between the 1950s and 2014 for the
The factual background of the case involved 965 acres of vacant lands acquired by Annapolis Group Inc. (Annapolis) between the 1950s and 2014 for the purposes of development or resale after acquiring development rights. Starting in 2007, Annapolis made several attempts to obtain Halifax's authorization to develop the lands. However, Halifax adopted a resolution refusing Annapolis' request in 2016. According to Annapolis, members of the public hike, cycle, canoe, camp, and swim on the Lands, are encouraged to do so by Halifax, and Halifax financially supports organizations that also encourage people to use the Lands as a park. Further, signs posted on the Lands allegedly depict the municipality's logo and phone number. Annapolis sued Halifax for $120 million, alleging that its refusal to authorize development of the lands constituted a de facto expropriation, depriving it of all reasonable or economic use of the lands. Annapolis alleged that Halifax effectively acquired a beneficial interest in the lands by creating a public park at Annapolis's expense.
Can Halifax "acquire" these lands without following the provisions of the Expropriation Act? Why or why not?
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