The right of a government or municipal
quasi-public body to acquire private
property for public use. Eminent domain is
acquired through a legal action called
condemnation or expropriation in which the
appropriate body determines the use is a
public use and decides the price or
compensation to be paid to the owner.
The expropriating authority is the Crown
or any other agency empowered by provincial
legislation, namely an expropriation act.
Legislation typically sets out procedures
for application to expropriate, appropriate
hearings, and methods of compensation.
Example of Eminent Domain
Owner's
property is situated directly in the path of
a new transportation route that will include
highway and rail facilities, along with open
space buffer zones, given rapid population
expansion within the immediate area. The
provincial government is acquiring property
for this public use.
Accordingly, Owner’s
property falls under eminent domain and
through condemnation is taken over by the
government body. The
Owner is compensated based on
prevailing market values within the
immediate area.
Looking to Buy or Sell Luxury
Real Estate In Toronto, North York, Thornhill,
Woodbridge, Vaughan, Richmond Hill, Aurora, King
City and beyond...visit LuxuryBroker.ca
Mortgages247.ca 2011 Apply Online without Blackouts Mortgages247.ca is designed to provide competent and
reliable information regarding the subject matter covered. However it is
provided, free of charge, with the understanding that the authors are not
engaged in rendering legal, financial or other professional advice. Law and
practice often vary from province and province and if legal or other expert
assistance is required, the services of a professional should be sought. The
authors specifically disclaim any liability that is incurred from the use or
application of the contents of this website.
