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Expropriation 101

Expropriation law in Ontario is a complex and often misunderstood area of law that can have significant implications for property owners. In this blog post, we will provide an overview of expropriation law in Ontario, including what it is, how it works, and what property owners need to know.

Expropriation is the process by which the government, or ‘expropriating authority', takes private property for public use. This can include the construction of roads, highways, schools, hospitals, and other public infrastructure projects. In Ontario, expropriation is governed by the Expropriations Act, which sets out the procedures that must be followed when the government takes private property.

One of the key principles of expropriation law in Ontario is that property owners are entitled to fair compensation for the loss of their property. This compensation is intended to put the property owner in the same position they would have been in if the expropriation had not occurred. The amount of compensation is determined based on factors such as the market value of the property, and any damages that the owner may have suffered as a result of the expropriation.

Property owners also have the right to challenge the amount of compensation offered by the government. This can be done through negotiation, mediation, or through a hearing before the Ontario Land Tribunal. It is important for property owners to seek experienced legal advice if they are facing expropriation, as the process can be complex and time-consuming.

By understanding the process and securing the appropriate legal advice, property owners can ensure that they receive fair compensation for the loss of their property.

Scargall Owen-King LLP
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