Council considers a request to begin an application under the Expropriations Act to obtain land and/or an easement or a specific Town project. This permits the Town to issue a “Notice of Application for Approval to Expropriate Land” to the affected property owners so the expropriation process can begin.
Affected property owners then have 30 days to request a Hearing of Necessity to determine whether the expropriation is fair, sound and reasonably necessary in the achievement of the Town’s objectives. The Hearing is conducted by a provincially appointed inquiry officer.
If it is determined by an inquiry officer that the expropriation is necessary, or no hearing is requested, then the council will move to approve the expropriation plan. A Plan of Expropriation will then be registered within 3 months of this approval. The Plan registration automatically transfers title to the lands to the Town.
Within 30 days of registered the plan, the Town must serve a Notice of Expropriation on the affected property owner advising of the expropriation.
In order to obtain possession, the Town must send out a notice of possession indicating the date that the lands are required by the Town.
The Town must then offer the affected property owner the full amount of appraised fair market value of the expropriated land and provide a copy of the appraisal report on which the value is based. If the property owner disagrees with this amount, and/or claims compensation or costs under the Expropriations Act, the hearing may be referred to the Board of Negotiation in an effort to reach a negotiation or the matter may be arbitrated before the Ontario Municipal Board (OMB).