On August 20, 2020, Thomson Rogers Managing Partner Stephen D’Agostino discussed how recent Provincial changes prejudice the rights of owners of land being expropriated in a Law Times article “Highway project raises new legal issues for property owners facing expropriation.”
In the article, D’Agostino says:
“…though the hearings of necessity were “never fair anyway,” they were “an important trigger in the process,” which can allow property owners to get a better price for their land.
Property owners lose the ability to choose the earliest of 3 valuation dates provided for by the Expropriations Act to maximize the compensation they ultimately receive. Once an expropriation is approved, in a rising market, the property owner would choose the latest date. In a shrinking market, they would choose the earliest.
“I’m not saying a government would do this. But what a government could then do is they could look at the real estate market and say, ‘We don’t want to buy it today, because it’s a rising market. But we think economic conditions are going to change in five years, let’s just sit on it wait for the price to drop – because there’s a recession expected – and let’s buy it for the lower price later on.’ So, horribly unfair,” said D’Agostino.
Continue reading the full article on Law Times here.
Stephen D’Agostino’s practice is centred on municipal, planning, environmental and expropriation law. He regularly appears before municipal councils, tribunals (such as the Local Planning Appeal Tribunal (LPAT) and the Environmental Review Tribunal) and Courts on behalf of municipalities, public agencies and institutions, land developers and ratepayers’ associations. His portfolio includes a wide range of matters including Federal and Provincial environmental assessments, approvals related to landfills, telecommunication structures, Municipal and wide area fiber optic and wireless networks (MAN’s and WAN’s), permissions for electric generating facilities, real estate development, compensation for land expropriations, conflict of interest, and related litigation.
Stephen became managing partner of the firm in January of 2019.
Stephen can be reached at 416-868-3126 or by EMAIL.