Upon receipt of the Notice of Application for Approval to Expropriate Land, each owner has 30 days to request an inquiry (Hearing of Necessity) as to whether the taking of the lands by the Region is fair, sound and reasonably necessary. If an owner requests a Hearing of Necessity, then subsequent to the Hearing, an Inquiry Officer will give an opinion as to whether the taking is fair, sound and reasonably necessary.
After the expropriation, the Region is required under Section 25 of the Act to serve an offer of compensation within three months of registration of the expropriation plan. The offer will be based on an appraisal of market value and damages, and possession cannot be secured until the offer of compensation has been served
In accordance with the Act, the Region cannot obtain possession until a minimum of three months after notifying an owner that the expropriation plan has been registered. In addition, it is necessary to make offers of compensation to owners to obtain possession of the expropriated lands.
The authorities will commission independent consultants to provide estimate reports of compensation. The reports include appraisals of market value for the lands expropriated and, if applicable, estimates of compensation for damages. These damages may include loss of improvements (such as landscaping or parking) and injurious affection (the loss of value to the lands retained by the owner).
If you have received an offer of compensation from an expropriating authority, it is in your best interest to consult with an expropriation lawyer to review such offer and advise of your options.