Proposed expropriation found reasonably necessary to rectify construction fill spill after owners refused access.
The County of Northumberland sought to expropriate 0.75 hectares of the owners' land to serve as a buffer and resolve issues stemming from construction of an adjacent emergency services base, where excess fill was inadvertently deposited on the owners' property.
The owners requested a hearing of necessity under the Expropriations Act, arguing the taking was unnecessary and the grading errors could be fixed without expropriation.
The Tribunal found that because the owners refused to grant access to remove the fill, the County had no other reasonable alternative to rectify the grading issues.
The Tribunal concluded the proposed taking was fair, sound, and reasonably defensible in achieving the County's objectives, and issued a report approving the expropriation.
OLTOntario Land TribunalMay 24, 2022
