Expropriation

Understand expropriation in Canadian real estate — what it is, how it works, and how owners are compensated when land is taken.

Expropriation

July 29, 2025


What is Expropriation?

Expropriation is the legal process through which government acquires private property for public use, with compensation to the owner.

Why Expropriation Matters in Real Estate

In Canadian real estate, expropriation enables infrastructure projects while protecting owners' rights to fair compensation.



Key elements:
  • Must serve a public purpose (e.g., highways, utilities)
  • Requires fair market compensation
  • Allows for negotiation and appeals



Understanding expropriation helps property owners, developers, and investors navigate land acquisition risks.

Example of Expropriation in Action

The province expropriated land along the highway corridor to expand transit infrastructure, compensating owners at market value.

Key Takeaways

  • Government acquisition of private land
  • Requires public purpose and fair compensation
  • Involves legal rights and appeals
  • Enables public infrastructure projects
  • Known as eminent domain in some contexts

Related Terms

Additional Terms

Public Realm Improvements

Public realm improvements are enhancements to public spaces such as sidewalks, parks, plazas, and streetscapes, often funded or contributed by. more

Mortgagee in Possession

A mortgagee in possession is a lender who takes control of a property after borrower default, but before foreclosure or power of sale. The lender. more

Lease Surrender Agreement

A lease surrender agreement is a negotiated contract between a landlord and tenant that ends a lease before its scheduled expiration. Terms may. more

Green Infrastructure

Green infrastructure refers to natural or engineered systems that manage stormwater, reduce heat, and improve sustainability in developments.. more

Escrow Holdback

An escrow holdback is a portion of funds withheld at closing and held in escrow until specific conditions are met, such as completion of repairs,. more

Underused Housing Tax

The Underused Housing Tax (UHT) is a federal annual 1% tax on the value of vacant or underused residential property owned by non-resident,. more

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