Takings of Private Rights to Public Natural Resources: A Policy Analysis

In Canada, the Crown has maintained ownership of important natural resources while allocating rights to exploit those resources to the private sector. Satisfying public demands for parks and wilderness areas, settling Aboriginal land claims and addressing resource depletion have led to the withdrawal of private rights. Knotty compensation issues have arisen. This paper sets out some basics for an efficient, equitable compensation policy. Examples of contemporary policy involving withdrawals of rights to hardrock minerals, timber, and Pacific salmon are reviewed. They reveal that the current policy is flawed, particularly regarding the basis for calculating compensation. Recommendations follow.