Under the Expropriations Act, property and business owners who have been subject to an expropriation (whether a direct taking of land, partial taking of land, or injurious affection), may be permitted to claim reimbursement for any special difficulties in relocating or finding a replacement property with similar attributes.
In the case Gray Coach Lines Ltd. v. Hamilton, a coach line was required to relocate its bus garage. The special nature of the equipment used restricted the site to a comparatively small area. In addition, the project that necessitated the expropriation resulting in zoning regulations that rendered it impossible to locate a bus garage in much of the surrounding area. The claimant found a site that was larger than the original and was awarded compensation based on the difference between the market value of the land at the old site and the amount the claimant was required to pay for the minimum amount of land necessary to duplicate its former facilities.
In Cinquemani v. Ontario, the OMB awarded claims for engineering and architect fees related to constructing a replacement custom home, based upon the size of the new home in comparison to the building expropriated. Further allowances were made for the cost of curtains, moving costs, legal fees, surveying fees, cable connection, and bridge financing costs.
Under Section 13(2)(d) of the Expropriations Act, it is essential that the owner either relocate or provide evidence that he or she was unable to relocate. From the reading of the case law, it is clear that “special difficulties in relocation” is a separate head of claim distinct from market value, disturbance damages and injurious affection.
If your property or business has been expropriated, and it has unique attributes that may make it especially difficult to relocate to a replacement location, it is important that you consult with an expropriation lawyer to ensure that all forms of compensation are sought and recovered.