John Bleasby's latest Legal Notes column looks at how expropriation lessons learned in 2022 will carry forward.
March 16, 2023
Ideally, the expropriation process is clear and clean cut. However, that doesn’t always happen, as has been seen recently. A woodlot acquired in 1976 was zoned to allow residential development over 70 per cent of its area. Ten years later, the owner agreed to the development of a ski trail by the City of Mascouche through the property. Unbeknownst to the owner, however, the city shortly afterwards modified the zoning for conservation purposes only, thus prohibiting any construction.
As Gowling explains, “This began with development restrictions imposed by the province, to be administered by the city. The expropriated lands were later brought into the city as part of a large reorganization of the North East Avalon Region in 1992.”“Ultimately, in 2013, the city advised the expropriated landowner that the lands could not be developed and must be maintained in their natural state.
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