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Viva Rapid Transit Corridor – Expropriations

The Town of Richmond Hill has obtained approval from local council to serve offers of compensation under section 25 of the Expropriations Act in Ontario to owners of lands who are being expropriated on Yonge Street for the vivaNEst bus rapid transit corridor.

York Region Rapid Transit Corporation (YRRTC) is undertaking improvements to facilitate public transit along Yonge Street by constructing dedicates lanes for Viva buses, along with enhanced boulevards. Starting in January 2015, local council approved the expropriation of properties, including permanent and temporary expropriations of fee simple interests and temporary easements for four-year periods, which are set to expire in March 2019. Given that construction is ongoing at this time, the Region needs to extend the temporary easements beyond March 2019. The new temporary easements that are being negotiated with property owners are to extend to April 2021.

The authorities will offer the property owner one of two options in accordance with the Expropriations Act:
(1) Full compensation for the market value of the expropriated land and damages for injurious affection, which accepted, will be in full satisfaction of any claims by the owner; and
(2) Payment for the market value of expropriated lands but not included an offer to pay any other damages. If the owner accepts this offer, they may reserve the right to bring claims in the future for additional compensation in accordance with the Expropriations Act.

It is generally in the property owners best interest to accept the second offer, and then endeavour to negotiate a full and final settlement thereafter. If you are a property owner or tenant that has been served with an offer of compensation under the Expropriations Act in Ontario, feel free to contact an expropriation lawyer at Goldstein Law Firm today.

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