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 corner approximately 200 square feet. My concern is that the proximity of an arterial road only 12 feet from my residence is outside of the setback requirements for my municipality and as my residence is old the foundation that is built on may not structurally be capable of handling the vibratory effects of the estimated 7100 vehicles per day. What legal precedent do I have regarding an insistance of a complete taking versus a partial taking. What expert information would be required to establish this claim.

When part of your land is needed for a highway project, the applicable legislation often provides compensation for the impacts on your remaining land from construction and use of the road.

However, your question is whether or not you can force the municipality to do a full taking rather than a partial taking of your property. It is obvious that a full taking would avoid the need to compensate you for damage to the remainder. The answer depends upon the applicable legislation. You will need to obtain legal advice.