Navigating expropriation for the Hamilton LRT Project

Welcome to our dedicated resource page for property owners affected by the Hamilton Light Rail Transit (LRT) project. As the LRT development progresses, understanding your rights and options regarding expropriation becomes paramount. This page serves as your comprehensive guide, providing you with the information to navigate the process effectively.

Understanding your expropriation rights

Property owners impacted by expropriation have specific rights under the Ontario Expropriations Act, including full compensation for losses incurred as a result of the expropriation. Knowing your rights and legal options during this process is crucial to securing fair treatment and compensation.

The step-by-step expropriation process

The expropriation process involves several stages, including informal negotiations, application for approval to expropriate, registration of expropriation plans and possession of the property by the expropriating authority. Our legal team will guide you through each step of the process, helping protect your rights and advocate for fair compensation on your behalf.

1. Informal negotiations: The process typically begins with informal negotiations between the expropriating authority and the Affected Parties to reach an agreement on compensation and other terms.
2. Application for approval to expropriate: The expropriating authority submits an application to the appropriate government body seeking approval to proceed with the expropriation.
3. Approval of expropriation: Once approved, the expropriating authority gains the legal authority to acquire the property for the stated public purpose.
4. Registration of a plan of expropriation: A formal plan outlining the expropriation is registered, detailing the affected properties and transferring ownership to the expropriating authority.
5. Notice of expropriation and election: Affected Parties are formally notified of the expropriation, and they have the option to elect the date for assessment of compensation.
6. Possession: The expropriating authority serves a Notice as to the required date for possession of the property that is at least 90 days after service of the notice of possession.
7. Statutory offer of compensation: Within 90 days of registration of the expropriation plan, the expropriating authority makes a statutory offer of compensation to the affected parties, covering various losses incurred due to the expropriation. This offer can be accepted without prejudice to the right to seek additional compensation.
8. Negotiation and arbitration proceedings before the Ontario Land Tribunal: If parties cannot agree on compensation, they may enter negotiation or arbitration proceedings before the Ontario Land Tribunal to resolve disputes and determine fair compensation.

Fair compensation matters: Maximizing your expropriation claim

Under the Ontario Expropriations Act, property owners are entitled to full compensation for various losses resulting from expropriation, including:

• Market value: Compensation is based on the fair market value of the expropriated property at the time of acquisition.
• Injurious affection: Additional compensation may be provided for any decrease in the value of the remaining property due to the expropriation.
• Disturbance damages/relocation costs: Compensation for expenses related to relocating or disruptions to businesses or livelihoods caused by the expropriation.
• Business loss: Reimbursement for loss of business or income directly resulting from the expropriation.
• Interest: Compensation may include interest on the amount for market value and injurious affection owed to the affected parties, calculated from the date of expropriation or the date of loss of productive use of the land.
• Costs: Coverage of reasonable legal, professional, appraisal and expert fees incurred by the affected parties in the expropriation process.

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