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FAQs

I have been served by the municipality with a Notice of Expropriation for a road widening off the front of my property. What are my rights?

The first step on receiving such a notice is to determine what is involved. Will all of your property be taken, or only part of it? Will you be able to remain? If so, will you still be able to carry on business? The next step is to seek legal advice from an experienced expropriations lawyer to protect your interests and maximize your financial recovery. Sometimes, an expropriating authority will attempt to negotiate the purchase of your property even before the expropriation process is launched. The negotiator will present a survey of the proposed expropriation and an ‘offer to sell’ agreement and release in hand. Do not sign this agreement; it limits your entitlement to compensation. The first offer by the expropriating authority is usually not the best; you will require your own expert advice as to your other costs and the fair market value of the property. You may be able to claim for other items beyond the value of the land, such as compensation for loss of trees or landscaping, business losses, disturbance damages, and loss in value of the rest of your property. A landowner may request a hearing of necessity to determine whether taking the owner’s land is fair, sound and reasonably necessary in achieving the expropriating authority’s objectives. In some cases, it may be possible to negotiate limits on the taking or move the boundaries to accommodate the owner’s circumstances.  A landowner may accept a lesser amount for the value of the lands while still retaining the ability to claim a larger amount to be determined on a hearing. The landowner is typically compensated for all reasonable legal, appraisal, or other expert costs.

© 2015 Lawrence, Lawrence, Stevenson LLP

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43 Queen Street West, Brampton, ON, Canada L6Y 1L9
Telephone: 905.451.3040 Fax: 905.451.5058 Email: lls@lawrences.com

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