Expropriation is the government taking of land. In preparation for constructing the Hamilton LRT, the government is purchasing property from private owners. A large quantity of land is being acquired by the government to accommodate the LRT project in Hamilton.
The City of Hamilton and Metrolinx are acquiring property in collaboration as required for the Hamilton LRT. Metrolinx is responsible for all costs of acquiring the properties, including any injurious affection claims under the Expropriations Act. The City acquires real property (i.e., fee simple interests, leaseholds, easements whether temporary or permanent, depending on the case) for the Project on behalf of Metrolinx.
For each property, the City obtains an appraisal or opinion of value to identify the market value of the property. Also, a survey is required. Ultimately, the property owner and authorities will enter into an Agreement of Purchase and Sale for payment to the Owner of the following:
-Legal and appraisal costs incurred by the property owner;
-Penalties for prepayment and/or partial discharges of any mortgage or charge registered against the property;
-Relocation and/or equivalent reinstatement costs of the property owner;
-Disturbance damages, including business loss;
-Land transfer and other applicable taxes;
-Any other compensation as required by the Expropriations Act.
If you are a property owner subject to expropriation as a result of the Hamilton LRT project, please contact Goldstein Law for a free consultation today!