Expropriation Information

I will attempt to provide a description of what injurious affection is, in an easy to understand fashion.

Let's use this example to describe injurious affection:

The Smith Family owns a country estate, in a small Town north of Toronto. The house is situated on a 1 acre lot, the dwelling is over 4,000 square feet in size and was recently constructed. The street that the dwelling is located on is a rural road that has a speed limit of 60 km/hour. The hydro poles providing power to the Smith Family are located on the opposite side of the road. Also the Smith's Family mailbox is on the opposite side of the Road.

The local municipality is proposing to change the quiet country road to a major arterial road that will increase the traffic volume from 200 cars a day to over 20,000 cars, the new road will be 4 lanes wide, with a speed limit of 80 km/hour and the local municipality is relocating the hydro poles from the opposite of the road to the Smith's side of the road.

The local municipality requires a strip of land running the entire length of the Smith's property and it will be 50 feet in depth.

The local municipality offers the Smith Family $20,000 for the land being taken and an additional $5,000 for several trees that will be chopped down during the construction of the road widening.

Should the Smith Family take the $25,000?

Absolutely not! Clearly, the Smith's house will be valued less after the construction of the road widening than it is today. Why will it be less valuable? Increased traffic volume and noise, hydro poles being located on the same side of the road as the dwelling, difficulties in entering and exiting the property and finally the Smith Family will be required to cross a 4 lane road to access their mailbox. For this example, we will assume the Smith's house is valued at $1,000,000 today and will be valued after the road widening at $600,000.

The Smith Family is entitled by the Expropriations Act for the $400,000 loss in value. This $400,000 loss in value is "injurious affection".

While the Smith Family does not exist, the issues and quantum of dollars are based on actual events.

1. Don't accept the first offer.
2. Educate yourself about the project.
3. Speak to your neigbours if they are also being expropriated.
4. Research expropriation consultants.
5. If you don't understand the process or what is going on, ask your consultant to explain.
6. Imagine what the impact of the expropriaton will be on your property after the acquisition and construction of the project.
7. Ensure all of your consultants are aware of the overall impact on your property.
8. Remember, if it is not in writing it doesn't count!
9. Knowledge overcomes fear. So educate yourself!

1. Legal Fees
2. Consulting Fees
3. Trees
4. Fencing
5. Real Estate Value
6. Loss in Value to Your Property
7. Pavement
8. Moving Costs
9. Business Loss