An expropriating authority will require approval to serve an Offer of Compensation on property owners pursuant to section 25 of the Expropriations Act to expropriate property. An expropriation will typically occur to purchase properties that are required for future municipal developments, including but not limited to transportation, community, social and/or health services.
Before serving a section 25 Offer of Compensation on a property owner, the expropriating authority must obtain approval (typically from local or regional council) to serve such amount of compensation. The offer must be accompanied by an appraisal report and required ancillary documents in accordance with section 25 of the Expropriations Act.
Where a property owner accepts the Offer of Compensation, the authority will also seek approval to pay statutory interest, calculated in accordance with the Expropriations Act, and all reasonable legal, appraisal and other costs, to be agreed upon or assessed by the City Solicitor.
Whether you are a property owner or tenants of the property, it is advisable to obtain advise of expropriation lawyers and business valuators and/or land use planners to determine whether the Offer of Compensation is reasonable in the circumstances or whether additional negotiations or further legal action is required in order to realize your full entitlements on an expropriation.