Once an expropriating authority has identified the lands it needs for a project, be it a road widening, new highway or public transit facility, it will send representatives to meet with the impacted landowners. “Typically, the authority will have obtained one, and sometimes two, appraisal reports assessing the market value of the landowner’s holding,” says Frank Sperduti, Senior Partner at BLG LLP. These appraisals form the basis of an offer of compensation, usually given to an owner many months before the expropriation process is formally commenced.
Owners who receive offers to sell or offers of compensation are well advised to have them reviewed by an experienced expropriation lawyer before signing anything, even if the market value being offered seems reasonable at first glance. This is because there are often elements of compensation available to the landowner that may be omitted from the … Read More »
So, your land (or an interest in your land) has been expropriated. You’ve received your section 25 offer of compensation, your appraisal report, and the authority has taken possession of the land. What’s next? Frank Sperduti, Senior Partner at BLG LLP, sheds some light on next steps. “In many cases, in particular those where the primary areas of disagreement between the expropriating authority and the owner are market value and injurious affection, the first line of attack in having fair compensation determined is a meeting with the Board of Negotiation” he explains. The Board of Negotiation is made up mostly of qualified real estate appraisers, who specialize in market value and injurious affection. The Board of Negotiation process is triggered by a “Notice of Negotiation” which may be served on the expropriating authority by the owner or vice versa.
“I have found some considerable success … Read More »