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When Does the Expropriating Authority Obtain Possession?

In order to obtain possession of expropriated lands, the expropriating authority must serve a Notice of Possession setting out the date that possession of the land is required. This date must be 3 months or more from the date the Notice of Possession is served on the property owner.

Within 3 months of registration of the Plan of Expropriation, the authorities must offer the property owner the appraised fair market value of the appraised land or easement and provide a copy of the appraisal report on which the value is based.  The property can accept the offer, or, if it is viewed as insufficient, they can claim other compensation and costs (i.e., costs incurred for legal and professional fees related to the expropriation) under the Expropriations Act.

The first step in the negotiation process is to serve a Notice of Negotiation on the authorities and schedule a session at the Board of Negotiation, an informal forum where both sides attempt to negotiate an amicable resolution.  If no result is reached at the Board of Negotiation, an arbitration at the Local Planning Appeal Tribunal (LPAT), formerly the OMB, will ensue. In most cases, a negotiated settlement with the property owner is reached prior to the LPAT arbitration.

As always, it is necessary to consult with an experienced expropriation lawyer in Ontario to discuss your rights if you are an affected property or business owner.

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