A partial land taking happens when an expropriating authority acquires only a part of a property instead of the entire parcel. This can be for purposes such as road widening, transit development, or public utilities installation.

What Is a Partial Land Taking?

Even a small portion taken can affect the remaining property. For example, the remaining land may decrease in value or its highest and best use may change. Compensation for partial takings is determined under the Expropriations Act to ensure fairness to the property owner.

How Partial Takings Affect Toronto Property Owners

Partial takings can present several challenges for property owners:

  • Impact on property use: The remaining portion may lose functionality, such as a reduction in parking or outdoor space, or restricted access for patrons.
  • Market value considerations: Compensation must account for the property’s original value and how it is affected by the partial taking, including what is known as injurious affection.
  • Construction effects: Construction on the acquired portion can temporarily disrupt the use of the remaining property.
  • Long-term changes: Even after construction, factors like traffic flow or limited accessibility may permanently affect the property’s value.

An expropriation lawyer in Toronto can assist with appraisals, valuations, and assessing the full impact of the partial taking on your property.

Why Legal Support Is Important for Partial Takings

Partial takings require careful evaluation due to their potential long-term effects. The compensation process often involves expert reports, property valuations, and discussions with the expropriating authority.

A lawyer familiar with expropriation law can:

  • Explain what to expect during the process
  • Help gather and organize necessary documentation
  • Clarify timelines and the authority’s plans
  • Ensure that evaluations and compensation discussions are fair and complete

Legal support provides structure and guidance, making it easier for property owners to respond to requests and protect their interests.

Next Steps for Property Owners in Toronto

If an expropriating authority approaches you for a partial land taking, it is important not to handle the process alone. Authorities must follow strict rules under the Expropriations Act, and a notice of intention alone does not finalize the expropriation. Consulting an experienced expropriation lawyer can help ensure your rights are protected and the compensation process is handled properly.

FAQ: Partial Land Takings

Q: What is a partial land taking?
 A: It occurs when an expropriating authority acquires only a portion of a property for a public purpose, rather than the entire property.

Q: How does a partial taking affect my property?
 A: The remaining land may lose functionality, decrease in value, or face long-term changes such as altered traffic patterns or accessibility limitations.

Q: Am I entitled to compensation for a partial taking?
 A: Yes. The Expropriations Act requires fair compensation for landowners, including consideration of how the remaining property is affected.

Q: Why should I hire an expropriation lawyer in Toronto?
 A: A lawyer can help assess impacts, gather documentation, navigate valuations, and communicate with the authority to ensure a fair process.

Q: What should I do if I receive a notice of partial expropriation?
 A: Contact an experienced expropriation lawyer promptly. The notice is only the start of the process, and legal guidance can help protect your rights and interests.

Work With Mathany & Higgs

Mathany & Higgs works closely with landowners who are going through expropriation matters. With our expertise, we are able to review documents and assess the proper compensation you are owed under Ontario law.

If your property may be affected by a partial land taking or any other form of expropriation in Toronto, contact Mathany & Higgs today. We will review your situation and explain the options available to you.