Expropriation of entire property deemed reasonably necessary for roadway project despite potential viability of remnant lands.
The Town of Whitby sought approval to expropriate the entirety of the owner's property to construct a mid-block arterial roadway.
The owner requested a Hearing of Necessity, arguing that only a portion of the property was required and the remnant lands could be developed as employment lands.
The Tribunal found that while the owner's evidence regarding the potential development of remnant lands was compelling, the expropriation of the entire property was fair, sound, and reasonably necessary.
The full taking was justified because the detailed design and conditions for provincial and federal approvals might require additional lands, and the Town needed ownership to apply for those approvals.
OLTOntario Land TribunalMay 17, 2024
