An expropriating authority is required to obtain the approval of the local council or "approving authority" in order to carry out an expropriation. An example of such approval is contained here In the link, attached, permission is sought from the City of Toronto to expropriate and acquire
What is Expropriation?
Government authorities such as municipalities, school boards, and provincial and federal governments undertake projects which require them to obtain land from private property owners. In many cases, the authorities only require a small portion of the private property owners' land for an easement or
Legal Fees in Expropriation Law Matters
The Expropriations Act in Ontario allows for claimants to be reimbursed for any legal fees incurred through the expropriation process, as long as they have been awarded 85.0% or more of the compensation that was originally offered by the expropriating authorities. The Expropriations Act will cover
Easement Expropriations – Compensation
As we have mentioned here and here, the act of expropriation is a powerful mechanism available to public authorities to involuntarily purchase a property owners land. In many cases, the authorities will not require the entire building or land in order to carry out its public purpose. Rather, the
TTC Modernization – Expropriations in Toronto
The Toronto Transit Commission ("TTC") is expected to outgrow its current subway storage and maintenance capacity. As such, the TTC needs to pursue and acquire (i.e., expropriate) properties for additional capacity. Such acquisition is ongoing, specifically with the Etobicoke region, as the TTC has
Expropriation Law – Offers of Compensation
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
Types of Damages in Expropriations – Relocation Costs
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
When Does the Expropriating Authority Obtain Possession?
In order to obtain possession of expropriated lands, the expropriating authority must serve a Notice of Possession setting out the date that possession of the land is required. This date must be 3 months or more from the date the Notice of Possession is served on the property owner. Within 3