Dear David,

We live in a rural community, and the region is planning to widen the road in front of our century home. Over the years, our front yard has gradually disappeared as the road has expanded, and now they are planning to take what little is left. Is this kind of expropriation legal? Can we stop it? How does the region determine how much compensation we’re entitled to? – TRAFFIC AT MY DOOR

DEAR TRAFFIC: Yes, expropriation is legal in Ontario, though it’s easy to understand why it feels unfair. Under Ontario’s Expropriations Act, governments and public agencies have the right to acquire private land without the owner’s consent for any number of things, such as road widening, new utilities, or infrastructure upgrades.

Fortunately, the expropriation process is heavily regulated to protect property owners and ensure fair compensation. Before any land can be taken, the authority must serve you with a formal notice. You may have the right to request a Hearing of Necessity, which allows an independent reviewer to decide whether taking the land is “fair, sound, and reasonably necessary.” The results of the hearing are not likely to stop the project, but they can sometimes influence how much land is taken, or how the work is carried out.

When it comes to compensation, the goal is to put you in the same financial position you were in before the expropriation, as much as possible. Several factors are taken into account, such as market value (what a buyer would have paid for your property before the taking), and disturbance costs (moving expenses, temporary accommodation or business losses). If only part of your land is needed, you are compensated for what is taken. If your remaining property loses value due to noise, reduced access, or loss of privacy and curb appeal, this may fall under injurious affection, which is also compensable.

For most homeowners, the real loss isn’t the strip of land itself, it’s the change to the property’s character. A widened road may bring traffic closer, take away trees and landscaping, or alter the noise levels and overall sense of space. These impacts may affect your enjoyment of the property and its market value, and if that’s the case, an appraiser should take them into account when preparing your claim.

A final but important point is that under the Expropriations Act, the authority is required to pay your reasonable legal and appraisal costs. This means you can (and should) hire professionals to ensure your compensation reflects the full impact of the taking, including the value of the land and the lifestyle that goes with it.

PRO TIP: In expropriation, you’re entitled to be made whole, which means you don’t profit, but you also don’t lose. Before signing anything, be sure to seek professional advice from an experienced expropriation lawyer and a certified appraiser. #Advice #AskDavid #TheNegotiator 

David is a top-selling Broker in Kitchener-Waterloo Region. He works personally with you when selling or buying your home. Moving? Get it right. Ask David today! Call or text 519-577-1212.