Expropriation of land for culvert maintenance access found reasonably necessary after owner failed to appear.
The expropriating authority sought to expropriate a portion of the owner's land to access and remove excess fill inadvertently deposited during a culvert replacement, as directed by the Conservation Authority.
The owner requested a Hearing of Necessity but failed to appear.
The Tribunal found that the proposed taking was fair, sound, and reasonably necessary to achieve the authority's objectives of supporting the installation and ongoing maintenance of the culvert.
OLTOntario Land TribunalJun 30, 2022