The expropriation of your property by the government or its agents can be a stressful experience.  If you are facing an expropriation and would like to learn more about the process, a lawyer specializing in expropriations can help.  To find an expropriation lawyer or law firm, click here and select “Commercial Real Estate” and “Residential Real Estate” as the areas of law with which you need help.

What is an “Expropriation”?

An expropriation is the taking of private property without consent by the government or its agents in exchange for a certain amount of compensation.  The property is usually taken to further a public purpose such as transportation infrastructure or public utilities to name a few examples. 

Compensation

If you are able to agree with the government or its agents as to the compensation that you will receive for having your property expropriated, then such agreement will make the expropriation process much smoother for you and the government.  In the event there is disagreement as to the property’s value (which is often the case), the methods of calculating the amount of compensation that you might be entitled to will differ depending on your province.  Some valuation methods involve the property’s fair market value while others may provide for a more subjective view as to the value of the property.

Regardless, before agreeing on a value with the government or its agents, it would be best to speak with an expropriation lawyer and valuator who may be able to help you better understand the range of value for your property.

Opposing Expropriation

In most cases, the government or its agents must provide notice of the expropriation.  During the notice period, owners of property which are slated to be expropriated can challenge the fairness and necessity of the proposed expropriation.  Although it differs by province, in Ontario, if there is an objection to the expropriation, an inquiry is held and the inquiry officer will issue a report.  The body with the authority to approve the expropriation can then consider the report and decide whether to proceed with the expropriation or not.  Challenging the expropriation in court may also be an option.

FIND A LAWYER WITH MYLAWBID

If you are looking for an expropriation lawyer or law firm, click here and select “Commercial Real Estate” and “Residential Real Estate” to find the lawyer that best suits your needs.