Expropriation for municipal water tower approved as fair, sound, and reasonably necessary despite incomplete environmental assessment.
The Regional Municipality of Peel sought to expropriate a portion of the claimant's lands to construct an elevated water tower and transmission main to service projected population growth.
The claimant requested a Hearing of Necessity, arguing the expropriation was premature as the Municipal Class Environmental Assessment was incomplete and the site selection process was flawed.
The Ontario Land Tribunal found that the proposed taking was fair, sound, and reasonably necessary, noting that the Expropriations Act permits property acquisition before an EA is finalized and that the chosen site was the most suitable based on extensive studies.
OLTOntario Land TribunalJul 22, 2025