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When is Expropriation Necessary?

The York Region is undertaking various infrastructure projects, including the Viva Bus Rapid Transit Expansion, which is taking place in the City of Vaughan. In order to carry out the construction work to build the new rapid transit bus line, the authorities require various strips of land for utility work and building out the lanes and structures for the transitway. To that end, various temporary and permanent easements (rights to use and access another owner’s land) have been expropriated from property owners.

An example of a permanent easement can be found here. In this scenario related to the Viva Bus Expansion, a permanent easement was required for the purpose of entering on the lands with all vehicles, machinery, workers and other material to:

(I) construct and maintain permanent municipal infrastructure which may include installation, maintenance, relocation and/or removal of traffic turning loops and associated signalization
equipment and controls, retaining walls, shoring and formwork and/or drainage,
erosion or sediment control measures such as water mains and storm sewers; and (II)
for construction purposes which may include (1) relocation of existing services and
utilities, (2) staging and storage of materials and equipment, (3) geotech testing,
borehole testing, and other investigative works, (4) removal, relocation and/or
installation of signage, (5) hard and soft landscaping, paving, grading and reshaping
the lands to the limit of the reconstruction of Highway 7 West, (6) the installation and
removal of temporary (i) pedestrian access and walkways, (ii) parking measures
including re-striping of aisles, lanes, and parking stalls, (iii) shoring and formwork, (iv)
drainage and erosion/sediment control measures, (v) traffic signals, (vi) fencing, and
(vii) handrails, and (7) works ancillary to any of the foregoing and necessary to the
works to be performed in association with the purpose of implementing road and
intersection improvements along Highway 7 West, including associated local roads.

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