A pending infrastructure project is coming soon and your property rights may be affected. Infrastructure development is critical to the growth of communities. But to make it happen, the government may need to acquire a portion of your property rights.
Property owners affected by expropriation are entitled to various forms of compensation, including fee simple value, injurious affection, and disturbance damages. Legal representation will help you navigate the expropriation process and assist you in receiving appropriate and fair compensation.
The expropriating authority pays the legal fees of property owners facing expropriation. So why not take advantage of your right to obtain legal representation with experience in expropriation?
Can the government expropriate your land without your consent? What compensation are you entitled to? How do you pursue a claim for compensation?
An Overview of the Expropriation Process
- The expropriation authority identifies properties or portions of properties that it requires to pursue an infrastructure project.
- The expropriating authority provides the property owner with an appraisal setting out proposed compensation.
- The property owner should engage a lawyer (at the expropriating authority's expense) to represent them in negotiations with the expropriating authority.
- The lawyer may obtain a responding valuation report (at the expropriating authority's expense) to assist in the negotiations with the expropriating authority.
- If a resolution with the expropriating authority is reached, the lawyer will represent the property owner in a real estate transaction with the expropriating authority (at the expropriating authority's expense) to convey the lands in exchange for compensation to the owner.
- If the matter cannot be resolved, the expropriating authority will proceed to expropriate the land. The property owner is entitled to continue to have a lawyer represent them (at the expropriating authority's expense) at negotiations and/or a hearing at the Local Planning Appeal Tribunal.
Dale & Lessmann's Expropriation Experience
The lawyers at Dale & Lessmann LLP have a wealth of experience in expropriation law. They have assisted property owners facing expropriation as a result of a wide variety of infrastructure projects, including the construction of the Hurontario LRT in Mississauga, the construction of the Hurontario LRT in Brampton, the expansion of Britannia Road in Milton, and the expansion of Highway 400, as well as localized projects. Feel free to contact them without charge to you to discuss your expropriation case.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.