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Expropriation Law

Expropriation involves the compulsory taking of your property by an Expropriating Authority which is a right granted through federal or provincial statutes to Expropriating Authorities such as governments, universities, public utilities as well as to privately owned pipeline companies. It involves situations where privately owned land is needed for public projects such as the building or widening of roads, highways, pipelines or expanding or locating new schools.

When expropriation is considered necessary, the authority must offer the owner of the expropriated land a monetary amount that is considered fair in relation to the real market value. If a dispute arises in relation to the amount that is offered, the owner has the option to take the matter to the Ontario Municipal Board (OMB) in order to negotiate a settlement that is deemed appropriate.

Experience

At Elliott & Elliott we take pride in assisting landowners who find themselves in the position of having their land taken from them by an Expropriating Authority. You have rights and you need to be aware of that. We have successfully assisted our clients with obtaining independent evaluations of the land to ensure the purchase price is fair. In addition, we have been able to obtain other more creative solutions that minimize the property taking. For instance, if the property is being expropriated for the widening of the road in front of your house or your property, the installation of a hedge is a great way to minimize the impacts and something that you have the right to ask for.

We have also partnered with experienced litigators in the event our negotiations on your behalf do not obtain the desired result.

Please read our Expropriation FAQs Guide for more information: Expropriation Information

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