Expropriation Plan

A Plan of Expropriation is a crucial document in the expropriation process. It provides detailed information about the land or property that is being expropriated (taken) by the government or another public authority for a public purpose. The plan is typically filed as part of the formal notice process and is essential for both the expropriating authority and the affected property owners to understand what land is being affected and how.

Key Components of a Plan of Expropriation:

1.  Description of the Property to be Expropriated

• The plan must clearly outline which portion of the property is being taken, including:
  • Parcel identification number (PIN) or other legal description.
  • Property boundaries: The exact dimensions of the land to be taken.
  • Location: A clear marking of the land on maps, so that the expropriating authority and the property owner can easily identify the affected area.

For example, if only a portion of a large property is being taken (e.g., for a road, pipeline, or utility), the expropriation plan will show the specific section of land.

2.  Type of Interest Being Taken:

• The plan will specify what type of interest or rights are being expropriated. This can include:
  • Full ownership: The expropriating authority takes complete possession of the property.
  • Partial expropriation: Only part of the property is taken, leaving the remainder with the original owner.
  • Easements or rights-of-way: In some cases, the expropriating authority may only need an easement or right-of-way, which allows it to use part of the land for a specific purpose (e.g., constructing a road or utility line).
  • Temporary Expropriation: If the land is needed temporarily (e.g., for construction or access during a project), the expropriating authority may take temporary possession of the land.

3.  Purpose of the Expropriation:

• The expropriating authority must clearly state the public purpose for which the       property is being taken. This is a legal requirement, as property can only be expropriated for a public purpose, such as:
  • Infrastructure projects (roads, highways, railways, etc.)
  • Utility installations (water, electricity, pipelines, etc.)
  • Public buildings or facilities (schools, hospitals, parks)

This section ensures transparency and allows the property owner to understand why the expropriation is happening.

1.  Date of Expropriation:

• The plan will include the date or anticipated date when the expropriation will take effect, often corresponding to when the Notice of Expropriation is served.
• This date is important because it signifies when the expropriating authority officially takes possession of the land or interest in it, even if the full compensation process has not been finalized yet.

2.  Compensation Details:

• The plan will often be accompanied by the offer of compensation or information on how compensation will be determined. While not always included in the plan       itself, this document provides clarity on what the property owner can expect regarding compensation for their loss of land.

3.  Rights of the Property Owner:

• The expropriation plan must provide information on the property owner's right to dispute the expropriation or compensation. This includes the opportunity to:
  • Request a review of the compensation offer.
  • File objections to the expropriation or compensation through the appropriate channels, such as an Hearing Officer at the Ontario Land Tribunal (OLT).

Legal Requirements for the Plan of Expropriation in Ontario:

The Expropriations Act (the governing law for expropriation in Ontario) stipulates certain requirements for the expropriation plan, which must be followed to ensure fairness and legal compliance:

1.  Filing the Plan

• The expropriating authority must file the Plan of Expropriation with the Land       Registry Office or the appropriate government body. The plan is typically made public and available for review.
• Property owners should receive a copy of the plan when they are served with the Notice of Expropriation.

2.  Notification

• Once the Plan of Expropriation is finalized and filed, the expropriating authority must formally notify the property owner and any parties with an interest in the land (e.g., mortgage holders) that their property is being expropriated. The plan will be included in this notice.
• This ensures the property owner has a clear understanding of which parts of their land are affected.

3.  Deadline for Filing Objections

• Property owners typically have 30 days from the service of the Notice of       Expropriation to object to the expropriation, either based on the taking itself or on the proposed compensation. If the property owner disputes the compensation, they can request a review by an Expropriations Hearing Officer or seek to negotiate a different settlement.

4.  Accuracy and Detail

• The plan must be detailed and accurate, including a clear description of the property and its boundaries. Any errors in the plan could result in delays or legal       challenges, so care is taken to ensure precision.

Steps Involved in Creating the Plan of Expropriation:

1.  Assessment of Land

• The expropriating authority conducts a survey or property assessment to identify the exact boundaries of the land required for the project.
• This can include field surveys, mapping, and measuring to determine the dimensions of the land that will be affected.

2.  Preparation of the Plan

• Based on the assessment, the expropriating authority's legal and planning teams will prepare the Plan of Expropriation. This will include detailed maps, diagrams, and descriptions of the land being taken.

3.  Review and Approval

• Before the plan is finalized and filed, it typically undergoes an internal review and approval process within the expropriating authority.
• Once the plan is approved, it is registered by the Land Registry Office (LRO) and is made available for public view.

4.  Distribution to Affected Parties

• Affected property owners are notified of the expropriation and provided with a copy of the plan and any related documents (e.g., compensation offer, public purpose statement).

Example of How a Plan of Expropriation Might Be Used:

Let's say the government is building a new highway and needs to expropriate parts of several properties along the route. The Plan of Expropriation will show:

• The exact portions of each property required for the highway.
• Whether it is a full taking of the land or a partial taking (e.g., taking part of a property for the road but leaving the rest with the owner).
• Any temporary rights (like easements for construction access or utilities).
• The public purpose (building a highway to improve transportation infrastructure).
• The date the expropriation will take effect and when the landowner can expect compensation.

The property owners will then be informed of their rights, including the ability to dispute the expropriation or negotiate the compensation offered.