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Expropriation Law Centre Forum

Welcome to the Expropriation Forum. This is the place for discussion of expropriation related topics.

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Re: Forced Road Access


Only if the township wants to force it by way of a formal taking... they may not want to benefit 1 or 2 owners. Your best bet is to take it up with the township, which you probably have already done. What is the monetary benefit to your land, in terms of an increased value, if the road goes in? Perhaps you should pay this to the owner who will not allow access? or split the difference?

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Replying to:

I own a recreational lakefront property (Water Access)on a peninsula in the south Parry Sound area. The township road stops 2 properties away. The owner of property where the road ends refuses to allow access over his land for a road extension. (substantial monetary compensation refused) Seven other property owners (all others)on the peninsula want a road. Municipal water access is severely limited, and we are currently being held ransom by the only marina on the lake. Can the owner of the property where the road ends be forced to provide access?

Re: Re: Forced Road Access


Lands End,

Thank you for the reply. Yes, I have begun discussions with the Planner in the Township. He has promised to get back to me after some review. He indicated that the Township would be reluctant to expropriate. (Big surprise!) I wonder if there is precedent in Ontario to "Take" private property for the "Greater good of the majority"? (Reasonable access or quite enjoyment) Or, can the Township impose a permanent easement across the owners property who refuses to sell? (There are 7 owners affected) I don't want to let the Township off the hook by thinking I will just go away. Depending on the Planner's response, the next step will likely be contacting the local Reeve and Councillor.


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Replying to:


Only if the township wants to force it by way of a formal taking... they may not want to benefit 1 or 2 owners. Your best bet is to take it up with the township, which you probably have already done. What is the monetary benefit to your land, in terms of an increased value, if the road goes in? Perhaps you should pay this to the owner who will not allow access? or split the difference?

--- --- --- --- --- --- --- --- ---

Replying to:

I own a recreational lakefront property (Water Access)on a peninsula in the south Parry Sound area. The township road stops 2 properties away. The owner of property where the road ends refuses to allow access over his land for a road extension. (substantial monetary compensation refused) Seven other property owners (all others)on the peninsula want a road. Municipal water access is severely limited, and we are currently being held ransom by the only marina on the lake. Can the owner of the property where the road ends be forced to provide access?

Re: Re: Re: Forced Road Access

I would suggest that you approach this from the standpoint of safety - re - emergency services that may be required as opposed to personal benefit. I do feel that someone who had the foresight to purchase land that was accessible by road should not be "forced" to provide access to those who didn't have such foresight. It would appear that you feel this person should be happy with monetary gain and not be concerned with the loss of property and privacy. Another alternative could be to purchase this property - the seven of you could purchase this and build the road yourself.

Re: Re: Re: Forced Road Access

Certainly there are many precedents in Ontario. Taking private property for the good of the majority is the whole idea behind expropriation.

In this case, it sounds like the township has the power to expropriate a right of way for the road but they are not required to use it. Also, the property owner does not have any obligation to provide access to his/her landlocked neighbours unless the township exercises its power of expropriation.