September 19, 2016
What is a Notice of Application for Approval to Expropriate Land?
Expropriating authorities are often successful in amicably negotiating the acquisition of land required for an infrastructure project. However, in certain circumstances an authority is required to pursue expropriation to acquire land. Expropriation often arises where negotiations with the landowner are at an impasse or where a project’s timeline requires timely possession.
A Notice of Application for approval to Expropriate Land is the notice through which expropriating authorities initiate the formal expropriation process. The Notice, which identifies the lands required by the authority, is served on all “registered owners” of the land via registered mail. “Registered owners” are owners of the land whose interest appears of title to the lands, including tenants appearing on assessment rolls.
All other “owners” who do not have an interest shown on title are deemed to have been served with a Notice of Application through publication of the Notice in a local newspaper once-a-week for three consecutive weeks.
Once an owner is provided with a Notice of Application for Approval to Expropriate Land, he or she has 30 days to request an Inquiry to determine whether the proposed expropriation is fair sound and reasonably necessary: see Can I Fight or Contest an Expropriation? Following the Inquiry, or if no Inquiry is requested, the authority may proceed with seeking approval for the proposed taking and the registration of a plan of expropriation.
A Notice of Application for Approval to Expropriate Land must be in the form prescribed by the Forms regulation under Expropriations Act: https://www.ontario.ca/laws/regulation/900363.