Temporary easement for driveway regrading found fair and reasonably necessary if modified to include access lands.
The expropriating authority applied to expropriate a temporary limited easement interest over a portion of the owner's property to regrade a driveway in connection with a light rail transit project.
The owner requested a hearing under the Expropriations Act.
The Tribunal found that the proposed taking was necessary to complete the regrading but lacked appropriate access.
The Tribunal concluded that the proposed taking would be fair, sound, and reasonably necessary only if modified to include adjacent access lands.
OLTOntario Land TribunalNov 2, 2023
