Impact of construction projects on business and property owners
Jeff Goldstein, owner of Goldstein Law Firm was featured in an interview with the Brampton Board of Trade related to the impact of construction projects on business owners and property owners. Specifically, they touched upon the Hurontario LRT, a transit project that is in the pre-construction stage and has required the expropriation of a number of property interests in order to accommodate the building out of the new transit line through Mississauga.
Once the heavy construction work commences, which is anticipated to be in late-2021, businesses operating on or around Hurontario Avenue may suffer negative impacts from the works, including but not limited to loss of access, loss of visibility, removal of pedestrian sidewalk access, loss of parking lots, noise, dust, debris, and other forms of disturbance. This heavy construction work can cause a material impact on businesses. While not considered a traditional expropriation insofar as the government is not acquiring land in these circumstances, those businesses that are substantially and unreasonably interfered with by the construction work may have a claim for injurious affection under the Expropriations Act.
Injurious affection occurs where either 1. land is acquired from a property owner and the remainder of the land suffers a reduction in value as a result; or 2. where no land is taken, but where the works of public authorities cause a substantial negative impact on business or property. This negative impact is reflected via the forms of interference referenced above. If this interference causes financial loss to your business or property, the public authorities may be obligated to compensate for such a loss. The notice requirements of the Expropriations Act are strict, so if your business or property is interfered with by a public authority, it is imperative that legal action is taken in a timely manner.
Contact An Experienced Expropriation Lawyer
When it comes to real estate disputes and litigation or expropriation law, we will help you understand and fight alongside you for your rights. If you have any questions or would like to understand more about our services, please contact us today at 647-838-6740 or email Jeff Goldstein at firstname.lastname@example.org for a free consultation on your matter.
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