What Does Expropriation Mean In Ontario?
Expropriation is the power of a authorized authority (municipal, provincial, and federal government agency or public service companies) to aquire private property for public use upon payment of just compensation. This could include all or part of your land(s) or the rights-of-use for the same. These expropriation rights (powers) have been delegated to these agencies by legislation; in Ontario it is the Expropriations Act, R.S.O. 1990, c. E.26. Some examples of expropriation would include: taking a portion of your front yard for a road widening; placing an easement on your property for underground utilities, or overhead hydro transmission lines; or temporary easements for construction staging.
Can I Stop The Expropriation?
Most of the time, the simple answer is "No". You can request a “hearing of necessity”, in order to question the legitimacy of the expropriation, but in most cases you cannot successfully challenge the fact of an expropriation. Due to legislative authority, the government and public service (utilities, etc.) agencies have the authority to expropriate.
What Are My Options?
- You can negotiate with the “expropriating authority” directly, or hire council to negotiate on your behalf. However, even failing a resolution, the expropriation can proceed.
- In Ontario, the “Expropriations Act” requires the authority to provide you with compensation under specific categories, including the payment for most of the “reasonable” costs to support your claim of compensation (appraisals, legal fees, etc.).
- After this, an owner may apply to the Ontario Municipal Board (OMB), for a hearing to decide/arbitrate matters of compensation.
How Can We "The Appraiser" Help?
- Under the direction of either the owner and/or their legal representative, an expert report(s) is prepared to determine:
- Fair market value for the property taken;
- Loss in value to any remaining lands and building(s) (if any), known as Injurious Affection;
- Disturbance damages: meaning the losses, costs or expenses involved in the expropriation and for any inconvenience suffered; and,
- Business losses.
- The Appraiser works with you to insure all reasonable issues are addressed and quantified, for an effective submission for a compensation claim.
- The Appraiser also assists in the analysis of any reports or claims by the “expropriating authority”, to counter any omissions or unsound aspects of their position.
- The Appraiser is part of your “team” to make sure you receive adequate & appropriate compensation.