Understanding your rights when faced with the complex process of expropriation is crucial. Whether you’re a property owner or someone directly affected by expropriation, having the right legal support can make all the difference.

At Mathany & Higgs Law, our team of experienced expropriation lawyers is here to provide clear guidance and keep you informed at all stages.

In this blog post, we’ll outline how our legal experience can protect your rights and navigate the intricacies of expropriation cases.

What Is Expropriation?

Expropriation is the process by which the government or a public body takes someone’s property for public use. It can include land, buildings, and other assets.

Expropriation provides the government or public body with the necessary land or assets to carry out infrastructure projects that benefit the general public.

These projects can include highways, roads, pipelines, sewers, transit lines and more. Expropriation can also create public parks, protect the environment or build community facilities like schools.

What Are Your Rights as a Property Owner?

Property owners have rights that are protected by law. These include the right to:

  1. Compensation: The government must pay you an amount that reflects the value of your property. That includes the market value of your land, the cost of relocation and any other associated costs.
  2. Reasonable Notice: You must be notified of the government’s intention to expropriate your property. This may include a written notice outlining why your property is required, the intended use and your rights to compensation.
  3. Negotiate: You have the right to negotiate with the government or public body if you are not satisfied with the amount of compensation offered. You can also choose to negotiate the terms of the expropriation, such as the timeline for vacating the property.
  4. Abandonment of Expropriation: In some cases, the government may decide to abandon the expropriation process. This can happen if the project is no longer deemed necessary or an alternative solution is found.
    If this occurs, the government must notify you and return possession of your property to you. You may also be entitled to compensation for any expenses incurred during expropriation.

How Can an Expropriation Lawyer Protect Your Rights?

Expropriation is a complex legal process requiring extensive knowledge and experience. An expropriation lawyer can help protect your rights by:

Explaining Your Rights

Skilled lawyers explain your rights and the expropriation process. They help you understand the laws governing expropriation in your area and how they apply to your situation.

Negotiating on Your Behalf

If you are not satisfied with the amount of compensation offered, a lawyer can negotiate with the government or public body on your behalf.
Challenging the Expropriation

If you believe the expropriation is unjustified or your rights have been violated, an expropriation lawyer can help you challenge the decision in court. They can gather evidence, build a strong case and represent you in court.

Providing Legal Advice

A lawyer provides you with legal advice throughout the expropriation process. They advise you on your rights, the potential outcomes of the process and the best course of action to protect your interests.

Dealing with Documentation and Deadlines

Expropriation involves significant paperwork and strict deadlines. An expropriation lawyer helps you navigate this process by ensuring all documentation is completed and submitted on time.

Discuss Your Rights with the Expropriation Lawyers at Mathany & Higgs Law

Mathany & Higgs Law offers experienced legal counsel to landowners and governmental authorities across Ontario.

If you have questions or require assistance with an expropriation case, our team can help. Call 416-947-6700, fill out our online contact form or email info@mhlawyers.ca to get started on your case.