Rights and Obligations of Property Owners Under the Expropriations Act in Ontario
In a previous blog post, we provided an overview of expropriation law in Ontario, including the principles behind it and how it works. In this post, we will delve deeper into the rights of property owners under the Expropriations Act in Ontario.
Property owners facing expropriation have several rights under the Expropriations Act that are designed to protect their interests. One of the most important rights is the right 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. Property owners also have the right to challenge the expropriation and the amount of compensation offered by the government.
Property owners are entitled to receive notice of the expropriation, which must include information about the property being expropriated, the purpose of the expropriation, and the compensation being offered. Property owners also have the right to access information about the expropriation, including appraisals and other documents related to the expropriation process.
In addition to their rights, property owners can face certain obligations. Related legislation gives certain expropriating authorities rights of entry. In those instances, property owners can be forced to permit the expropriating authority access to the property for inspection and other purposes related to the expropriation.
Property owners should be aware of their rights and obligations under the Expropriations Act and seek legal advice if they are facing expropriation. By understanding the process and their rights, property owners can ensure that they receive fair compensation for the loss of their property and that their interests are protected throughout the expropriation process.