The expropriating authority proposed to expropriate a portion of the property owner's land to expand a multi-use public trail along a former railbed.
The property owner requested a Hearing of Necessity, objecting to the proposed width of the expropriation at the northern end of the property, which ranged from 20 to 40 metres.
The Tribunal found that while the proposed taking was 'sound' from a land use planning perspective to avoid orphaned parcels, it was neither 'reasonably necessary' nor 'fair'.
The trail only required a width of 4 to 5 metres, and taking the entire width of the northern portion would have a materially adverse impact on the property owner's use and enjoyment of the lands.
The Tribunal concluded the expropriation as proposed did not meet the statutory test under section 7(5) of the Expropriations Act.