Municipal Government Act (MGA) - Section 534
Section 534 of the Municipal Government Act requires notices be sent to landowners next to a completed public work or structure. The notices must be delivered or mailed within one year of completion of a public work or structure.
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..."
The City of Calgary provides notices as required by the MGA Section 534. The notice ensures landowners have the chance to make a compensation claim.
Frequently asked questions
What is the purpose of the letter that I received?
The letter is part of the notice The City 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 appeared in the Calgary Herald the 3rd Wednesday in November and the 3rd Thursday in May.
How do I know if I have a claim? I have questions about the process. Who can I talk to?
Please visit www.calgary.ca/section534 for more information about section 534 and the claims process. However, the City cannot provide you with legal advice or information on whether your property might be eligible for compensation.
How do I submit a claim?
You must send any claim in writing to The City. You can mail it to:
Section 534 Claims
Law Department (8053)
Calgary Municipal Building
12th Floor, 800 Macleod Trail S.E.
Calgary, Alberta T2G 2M3
Can I submit a claim via email?
Yes, the email address is s534@calgary.ca.
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.
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 The City of Calgary's Risk Management and Claims department.
I have a property that abuts a different public work or structure (i.e.. 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, pleased email the City at s534@calgary.ca or contact the City via 311.
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 City at s534@calgary.ca or contact the City via 311.
How do I know if I have a claim?
If you meet the criteria of section 534, you may have a claim. 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.
What is injurious affection?
Under section 534 of the Municipal Government Act 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 City 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 at www.calgary.ca/section534. However, the City cannot provide you with legal advice or information on whether your property might be eligible for compensation.
How do I determine if my property abuts a project?
This requires a legal interpretation, and thus the City 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.
Where do I go for more information?
For more information, please visit the City's website regarding section 534 matters. The address is www.calgary.ca/section534.
