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Expropriation Forum

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Paul Lemoine

Higher compensation for access lane

Six acres of our land is being expropriated. We are being offered only ten thousand dollars. Our neighbor is selling a fairly narrow access lane. There is already two access roads to our land. He has received seven thousand dollars. Is there any case law that states...

Views: 457 Replies: 1

Last Post: Feb 10, 2014 8:57am
by J.B. Melville

anwar

compensation for damage to views?

Electrical transmission line right of way installed 20 ft from your property line. This is the hated BC Hydro and their ILM disaster. I certainly have not been offered anything. I recently drove through Yale BC and I saw what BC Hydro did the mountain views surro...

Views: 343 Replies: 0

Last Post: Nov 9, 2013 3:00am
by anwar

Victim

Are you permitted to use violence to stop expropriation?

Native Indians are not shy about using violence and seem not to be held accountable. In fact, their bullying seems to have transformed from a defeated nation to a people who own half of bc. Surely, there is a lesson here. Violence works. Market value compensation is...

Views: 445 Replies: 3

Last Post: Nov 9, 2013 2:32am
by Jim

David

does utility need court order to come on your land

All I got was a letter signed by a girl With two week re course. Essentially A sales course. Letter came same day They came on property. In two Weeks engineers decide. Its almost A mugging. They have an appointment with my chainsaw.

Views: 426 Replies: 0

Last Post: Jun 11, 2013 12:14am
by David

Corey Earle

expropriation and now OUCH ???

Hi..think I need some professional help..House was expropriated 33 years ago from a city...agreement was made for purchase $$ with a lease back for a nominal monthly payment...Here is the kicker...A life long lease was established at the time of sale...my mom could...

Views: 396 Replies: 0

Last Post: Apr 26, 2013 6:26pm
by Corey Earle

Chris

MTO refuses to divulge expropriation values

The MTO and the Windsor Essex Parkway project are presently expanding the Huron Line expressway that leads to the Detroit Bridge in Windsor, Ontario. To facilitate the project the MTO is expropriating certain properties, six of which lie directly adjacent to my paren...

Views: 676 Replies: 2

Last Post: Jul 23, 2012 1:48pm
by Chris

anony

Does BC Hydro advance you money for a lawyer?

Or do they only reimburse costs after they have been incurred. What if project design changes and your property is no longer affected yet you have incurred a lot of legal costs? also, what type of personality should a expropriation lawyer have? diligent/accountant...

Views: 416 Replies: 0

Last Post: May 30, 2012 2:15pm
by anony

Ross

section 3 If the owner agrees to transfer or dedicate land

transfer or dedicate land under Section 3 the government and me can not decide on compensation Why would I transfer or dedicate land under section 3, is there any advantage. Why would I not just let them expropriated me. The government would like to do a section...

Views: 783 Replies: 3

Last Post: Apr 26, 2012 8:30am
by J.B. Melville

Brenda

Maintenance of Expropriated Lands

The land in front of our commercial building has been expropriated by the Region of York, Ontario. They took possession of the entire front lawn in September 2009 and have a temporary easement right up to the front door. The work on the road widening has not started...

Views: 418 Replies: 1

Last Post: Apr 26, 2012 8:18am
by J.B. Melville

Joe

Illegal expropriation

Is there any legality to a city forced expropriation for the benefit of a private project? Quebec has a law called PPU heres the website but its in french http://www.mamrot.gouv.qc.ca/amenagement/outils/amen_outi_plan_prog.asp It essentially allows the city to...

Views: 902 Replies: 1

Last Post: Apr 26, 2012 8:14am
by J.B. Melville

Brian

re property expropriaM4KXtion

I hold a morgage on a commercial property. The buyer has the morgage paid up to date, but they owe 3 years in property taxes. Can I take this property back and pay the taxes.

Views: 408 Replies: 0

Last Post: Oct 13, 2011 8:28pm
by Brian

D.Campbell

Wrongful Expropiation

If a city in ontario has expropiated a family farm to flood the property and therby prevent problems in another area of the city. Yet 50 years later there has been no flooding of this farm,and the city is selling the property to a private developer. what are ou...

Views: 436 Replies: 0

Last Post: Sep 17, 2011 6:13pm
by D.Campbell

R Weldon

Reversionary rights of former property owners to repurchase expropriated property

I owned a large tract of land in the center of Toronto that was expropriated by the Conservation Authority in 1992.We appealed their right to do but it was found to be fair,sound and reasonably necessary.We did receive compensation for the property We wanted to red...

Views: 858 Replies: 1

Last Post: Sep 17, 2011 5:51pm
by D.Campbell

Faraz Ahmed

Universal Life Insurance

First, insurance is a repayment of a random loss. The timing or occurrence of the loss must be uncertain. For example, you can't know your house is going to be destroyed in three weeks by a demolotion team and still get home owner's insurance. http://ins...

Views: 490 Replies: 0

Last Post: Jan 18, 2010 5:36am
by Faraz Ahmed

Private property land expropriation

We purchased a lakefront property in Ontario in 2004. There was a right of way on the property which was never used by anyone in the subdivision since the original owners acquired the property. In 1972 the then owner had a right of way over a laneway which was owned...

Views: 613 Replies: 0

Last Post: Sep 10, 2009 12:33pm
by J

louis

land for sale

what if you put your land up for sale at a value 20 time it value through a realtor will that affect the amount of the expro they will have to pay you or they will not see it as far market value. thankyou in advace louis.

Views: 548 Replies: 0

Last Post: Aug 12, 2009 6:48pm
by louis

Bernadette Pearce

Protection of drinking water as cause for expropriation?

Has there ever been a case in BC of a local or regional government expropriating, completely or in part, any privately owned land for the purpose of protecting water quality and quantity in a drinking watershed?

Views: 611 Replies: 2

Last Post: Jul 7, 2009 11:29am
by Bernadette Pearc...

Richard Mclean

Expropriation - A South African Perspective

Hi I am currently researching this area of law in response to to recent challenge to a Piece of South African legislation. The legislation in question is fairly recent and it elevates road design plans to a status that it did not enjoy under the old legislation....

Views: 492 Replies: 0

Last Post: May 27, 2009 1:30am
by Richard Mclean

Erwin

Gateway Program Expropriations - Surrey, BC

I am looking for a referral to a lawyer in Vancouver, British Columbia who could advise me if I have a case. At issue is that our property in Surrey British Columbia has been expropriated for what we believe is less than fair compensation. The property has been h...

Views: 815 Replies: 0

Last Post: Apr 7, 2009 4:59pm
by Erwin

Sherwood Botsford

Upcoming Epcor Mine Expansion.

On the 2nd of April, I attended at meeting at Genesee Hall. While there were several items of business presented by Epcor, the one of concern is that they planning to expand the mine to my backyard. Ok. The south edge of the mine will be about 800 meters from my do...

Views: 507 Replies: 0

Last Post: Apr 4, 2009 11:14am
by Sherwood Botsfor...

zAchAry

I need help about !! Land Confiscation !!

If I'm an "owner" of a land which is: (1) been taken illegally, or (2) it's been given (by the government) legally for a specific purpose(s) (farming etc.) and now I'm using it for other purposes (burrito stand), which I'm not allowed to few years later: the gover...

Views: 606 Replies: 0

Last Post: Mar 30, 2009 1:51am
by zAchAry

Don

apartment building expropriation

Hello, I have a building in Ontario that is being expropriated by the city along with 40 other derelect properties in a downtown area. My building has great economic life. I have not maximized the potential of the buiding. I have not raised some of the commercial ren...

Views: 558 Replies: 0

Last Post: Mar 25, 2009 6:40am
by Don

Bryan Bohay

registered instruments

Is there a requirement to register on a deed a road?We have a former forced road that was never established by by-law it was a forced road that was never recorded or compensated for.A neighbour (hired) a land surveyor who found a survey made by Anthony Swalwell in 18...

Views: 1050 Replies: 0

Last Post: Dec 10, 2008 6:01pm
by Bryan Bohay

David Butterfield

The government taketh away

As an Educator and Defender of Universally Recognized Human Rights and Fundamental Freedoms, I spent the best part of 18 years researching, studying and interpreting so-called "domestic law", "constitutional law" and international instruments of Human Rights Law. As...

Views: 934 Replies: 2

Last Post: Sep 12, 2008 10:47am
by David Butterfiel...

Warner

Expropriation of Commercial Fishing License

Have you been invovled in any instances were the Federal Government has "expropriated" a commercial fishing license? A container wharf is being proposed in our area where my husband operates a mackerel trap (fixed gear) with specific coordinates. Allowing the compan...

Views: 682 Replies: 0

Last Post: Aug 8, 2008 4:22am
by Warner

Roger Anderson

Property Flagging

My brother and I are the Power of Attorneys for our mother who is 88 years old now living in an extended care home. We decided to sell the family property purchased way back in 1949 in order to provide funds for her care and medical expenses. The property taxes...

Views: 694 Replies: 0

Last Post: Jun 25, 2008 12:41am
by Roger Anderson

Eva Prados-Rodriguez

public purpose

Hi! My name is Eva Prados from Puerto Rico. I'm a law student doing a research about the expropriation process of differents states. My research is focus on "public purpose" definitions as was the issue in the US - Kelo v. City of New London- and the "hearing" opport...

Views: 954 Replies: 2

Last Post: Jun 9, 2008 9:06am
by Nancy

Nancy

Expropriation by Developer?

Hi, does anyone know if a developer can (through the assistance of municipal gov't, perhaps?) expropriate private property on a residential street to tear down and build condos, and/or what my rights as a homeowner are in a forced sale? Thanks.

Views: 781 Replies: 0

Last Post: Jun 9, 2008 9:05am
by Nancy

Paul Leliveld

waste management/mto expropriation

waste management's dump expantion needs my laneway moved for an onramp instalation, and i don't want my lane moved. What are my options?

Views: 614 Replies: 0

Last Post: Mar 26, 2008 1:03pm
by Paul Leliveld

Michelle Campbell

Examples of lands expropriated to become parks/protected areas

Hello, I am a 2nd year law student at Osgoode Hall and am writing a paper on expropriation. I have been searching for information/cases on expropriation for park purposes, but have not encountered much success. If anyone knows of any examples (from anywhere in...

Views: 912 Replies: 3

Last Post: Jun 20, 2004 9:53pm
by J.B. Melville

Gary Blais

Privately Owned Golf Course To Be Designated Possible Heritage Site.

HELP IS GREATLY APPRECIATED! There is a golf course which is approximately 85 years old. It has recently received a decision from the OMB that the land is suitable for residential use if servicing issues are addressed. The municipality is against any development...

Views: 765 Replies: 0

Last Post: Sep 22, 2007 6:23pm
by Gary Blais

R B

Capital Gains on Expropriated Property

I am about to have a piece of my principle residence property expropriated and my accountant tells me that I will have to pay capital gains on the sale. Does any one know if the capital gains amount is recoverable from the expropriator.

Views: 1145 Replies: 1

Last Post: Aug 21, 2007 3:25pm
by Antoine F. Hacau...

Antoine F. Hacault

Expropriation of Historical Site

I am a partner of Thompson Dorfman Sweatman LLP in Winnipeg. I act on behalf of a client who owns land on which is located a historical site - Fort Ellice. The site could also be used for a park/camping facility. The local municipality has begun expropriation proceed...

Views: 850 Replies: 2

Last Post: Aug 21, 2007 3:17pm
by Antoine F. Hacau...

myrna

legal cost

can someone tell me who pays the legal cost when the city want's to expropriate some of your land and your not in agreeance. They want to pay us less than the assesed value and we want to hire our own appraisal but they want us to pay for it we don't feel that we sho...

Views: 829 Replies: 0

Last Post: May 30, 2007 10:09pm
by myrna

M von Antal

Expropriation by one provincial body on behalf of another

Can one provincial body expropriate land under its own legislation, e.g. where it is a provincial highway, and the land is aquired by the Ministry of Transportation, and then flipped to another provinical authority without any power to expropriate? I.e. can a pro...

Views: 993 Replies: 1

Last Post: Feb 23, 2007 7:15am
by J.B. Melville

Mr. Legat

Expropriation and appraisals

Hello Everyone ! I have a question concerning conflicting appraisals involving a section 30 expropriation by the City of Calgary. How is it that two appraisals, both done by licenced, accedited AIC people, can each produce an appraisal, with the same DATE OF TA...

Views: 1056 Replies: 3

Last Post: Jan 10, 2007 7:41pm
by J.B. Melville

E. MacKenzie

Illegal access blockage to property

I live in BC and own a property that has access only 7 months out of the year because highways will not maintain the road in the winter thereby making it impassible. I would like to add that we are 17 kilometers from a town of 50,000 residents and are not in the wild...

Views: 995 Replies: 0

Last Post: Jan 10, 2007 2:27pm
by E. MacKenzie

Janice

Information - land expropriated for certain use

Question: once land has been expropriated for a specific type of use, can it later be changed for a different use? Thanks

Views: 964 Replies: 1

Last Post: Oct 25, 2006 8:37am
by J.B. Melville

P. Sproat

Partial taking

I have recently been approached by our municipality in Ontario regarding the development of an arterial road adjacent to my property. Based on the design presented the roadway will be 12 feet from my residence and will require a triangular portion of my southwest co...

Views: 964 Replies: 1

Last Post: Oct 25, 2006 8:30am
by J.B. Melville

FrustratedPleaseHelpUs

Appraisal Valuation Standards

Can anyone tell me what the standard for an underground easement expropriation valuation is? What I'm looking for is the standard percentage of land value because it's "underground" (as in a pipe)vs on the ground (a road) or above the ground, as in a power line R.O....

Views: 901 Replies: 1

Last Post: Oct 25, 2006 8:00am
by J.B. Melville

Lee Larkin

road expropriation

Land was taken by the municipality for a road through my father-in-laws property many years ago-1950's, dividing the land with a gravel roadway. He was never notified or compensated although apparently there was a notice in the local newspaper. The road was pushed...

Views: 866 Replies: 1

Last Post: Oct 25, 2006 7:29am
by J.B. Melville

Adrienne

Number of expropriating authorities in Ontario

Does anyone know how many expropriating authorities there are in Ontario? Nationally?

Views: 738 Replies: 0

Last Post: Jul 5, 2006 8:11am
by Adrienne

William Reid

Right of way on private property

Can someone help a neighbour of mine. She has a Lake front property in Ontario,and the house that she has to pass has been sold recently(they are not lakefront,but have a right of way to the lake) Their lawyer phoned her and told her that she would have to remove an...

Views: 971 Replies: 1

Last Post: Jan 20, 2006 4:06pm
by Phil McKenzie

Crown Grants

Question in Relation to Old Crown Grants n' Mineral rights

Dear Expropriation forum, I have a question. I have recently researched a Old Crown grant on our property. It was dated back in the early 1900's, and the wording on it is quite interesting. It states: Saving and Reserving, Nevertheless, Unto Us, Our success...

Views: 751 Replies: 2

Last Post: Sep 10, 2005 4:08pm
by Crown Grants

Road Widening

The subject property is currently a residentially zoned parcel. A reginoal road widening will be occurring on the Eastern boundary of the lot. Currently there is a full access exit/entry. Upon road widening, there will be a planned median on the regional road, eff...

Views: 965 Replies: 1

Last Post: Aug 7, 2005 6:56pm
by J.B. Melville

Curious

Where does the right of inquiry come from?

Does the right to object to an expropriation or request an inquiry come from our Constitution? What exactly gives us this right, simply the Expropriation Act? If so, couldn´t the government change this at any time with an amendment to the Act?

Views: 745 Replies: 1

Last Post: Aug 7, 2005 6:50pm
by J.B. Melville

Dawn

BC Min.of Transport expropriation

Please Help. We have recvd notice of intention to compensate for portion of land to make way for "rounding" 2 rural municipal streets together. This will make our driveway (stakes have been put down actually on driveway) enter onto roadway on blind corner. How/who c...

Views: 870 Replies: 0

Last Post: Jun 25, 2004 8:49am
by Dawn

Harry

Newspaper Articles from the owners

I am interested as to why certain owners who are being expropriated appear in the newspapers claiming they are being treated unfairly. I may be expropriated shortly, and wonder if they think that this approach will generate a higher offer from the government? Do the...

Views: 905 Replies: 1

Last Post: May 11, 2004 9:32am
by Access Property

Heather Krause

Highway 69 route planning study

Hello. I am a property owner who has just become aware of the likely hood that the ministry of transportation will be putting an expansion of highway 69 through the middle of my 678 acres of farm and wilderness land approx. 100km south of Sudbury, ON. Evidently the...

Views: 822 Replies: 0

Last Post: Mar 27, 2004 6:22am
by Heather Krause

Timothy Haydon

Expropriation without a taking

I own a commercial property on which a fuel pumping station preexisted the establishment of a controlled access highway along my property line. Later subdivision of the property placed the property line through the middle of the pumping station partly overlapping ont...

Views: 983 Replies: 1

Last Post: Mar 6, 2004 6:26pm
by J.B. Melville