Municipalities in Ontario are engaging in the expropriation process to involuntarily purchase private property for various infrastructure works. For example, in the City of Toronto, the authorities have acquired an interest in private property in order to accommodate the upgrading and enhanced of Donlands Subway Station. See a copy of the summary of the project and of the expropriated property interests here. This project is an important insofar as it enhances accessibility requirements at this subway station and complies with the legislative changes as implemented by the Accessibility for Ontarian’s with Disabilities Act, 2005 (AODA).
The City of Toronto posts a partial list of expropriated properties here. In addition, prior to expropriation, the authorities are required to publish a notice of the application of intention to expropriate land once a week for three weeks in a local newspaper where the lands are situated (section 6(1) of the Expropriations Act). In addition, the notice of the application of intention to expropriate is served on the registered owner(s) of the property.
Registered Owner is defined by the Expropriations Act as follows:
An owner of land whose interest in the land is defined and whose name is specified in an instrument in the proper land registry or sheriff’s office, and includes a person shown as a tenant of land on the last revised assessment roll; (“propriétaire enregistré”)
The above-referenced definition of the registered owner is rather broad and encompasses anyone with an interest in the property. Tenants in common, individuals with small and limited ownership interests, mortgagees, other security-interest holders, lien-holders, those with spousal interests, and otherwise, are all entitled to notice of the expropriation and to have their rights preserved and protected in the expropriation process. Authorities will generally require a Full and Final Release from all registered owners of the property in order to effectuate a payout on account of expropriation. As such, it can often require extensive time and coordination amongst the registered owners of the property if their interests are not all aligned.
Authorities typically prefer an amicable resolution with property owners related to expropriation claims, especially with respect to smaller, partial takings and temporary easement. However, given construction timelines and public budgets, authorities typically commence the expropriation process in parallel with attempts at an amicable resolution. If a negotiated settlement with the expropriated property owner is not attainable, the more formal timelines and procedures of the Expropriations Act will be employed by the authorities in order to take possession of the lands and commence construction works.