When a government authority seeks to take private land for public use, it does so through a legal process known as expropriation. In Ontario, this process is governed by the Expropriations Act, which outlines the rights of property owners as well as their responsibilities. Whether your land is being expropriated for a road expansion, transit project, or new public facility, understanding your legal position is critical to protecting your interests.

At Mathany & Higgs Law, we guide property owners through every stage of the expropriation process. Below, we outline the key rights and obligations you should be aware of.

Your Right to Fair Compensation

One of the most important rights granted under the Expropriations Act is the right to fair compensation. This typically includes:

  • The fair market value of the property
  • Damages for disturbance, such as business interruption or moving expenses
  • Injurious affection, where the value of remaining land is reduced due to the expropriation
  • Legal and appraisal costs, which may be reimbursed by the expropriating authority

The goal is to restore you, as much as possible, to the financial position you were in before the expropriation.

Your Right to Notice and Due Process

Before land can be legally taken, you are entitled to a formal Notice of Application for Approval to Expropriate Land, followed by a Notice of Expropriation and Notice of Possession with an offer of a monetary compensation These documents must include specific details about the land being taken and the reason for the expropriation.

You also have the right to:

  • Request a Hearing of Necessity to challenge whether the taking is fair, sound, and reasonably necessary
  • Review any appraisal reports used to calculate compensation
  • Negotiate the compensation amount or request a hearing before the Ontario Land Tribunal

Your Right to Legal Representation

Although legal representation is not mandatory, it is highly recommended. An expropriation lawyer can:

  • Help you understand what compensation you are entitled to
  • Gather and present evidence of damages
  • Represent you in negotiations and hearings
  • Ensure all procedures under the Expropriations Act are followed

At Mathany & Higgs Law, we advocate for your full compensation and manage all legal aspects so you can focus on moving forward.

Your Obligations During the Expropriation Process

Alongside your rights, property owners have responsibilities to ensure the process runs smoothly and legally. These include:

  1. Cooperating with Access for Appraisal
     Expropriating authorities are entitled to inspect and appraise your land. Property owners must allow reasonable access for this purpose.
  2. Providing Timely Information and Evidentiary Support
     You may be required to provide documents or information related to your ownership, use of the property, and any income generated from it. All compensation claims must be accompanied by sufficient evidentiary support to ease the negotiation process. 
  3. Mitigating Damages
     If your property is partially expropriated or affected in a way that allows continued use, you may be expected to take reasonable steps to reduce your losses.
  4. Meeting Legal Deadlines
     Failing to respond to notices, file objections, or initiate claims within specified timeframes may limit your ability to receive full compensation.

Why Legal Guidance Matters

Expropriation is a technical process that involves real estate law, property valuation, and administrative hearings. A small oversight can lead to reduced compensation or lost opportunities to assert your rights.

At Mathany & Higgs Law, we represent clients across Ontario in a wide range of expropriation matters. Our legal team ensures that your rights are protected and that you meet your obligations, giving you the confidence to move forward with clarity and support.

Contact Mathany & Higgs Law

If you have received a Notice of Expropriation or believe your property may be affected by a public project, reach out to our team. We will assess your situation and guide you through the next steps.

Call 416-947-6700 or visit www.mhlawyers.ca to book a consultation.