Expropriation Compensation Estimator: What the Authority Owes You Under Ontario's Expropriations Act
Every head of compensation in one itemised estimate, with the timeline that follows the notice.
By Ashita Chandra, AACI, P.App — Director of Valuations
When a public authority expropriates land in Ontario, the Expropriations Act entitles the owner to more than the land's market value. Compensation is built from separate heads: the market value of the land taken; damages for disturbance, including the costs of moving and business losses; injurious affection, the loss in value of land you keep and other harm from the project; special difficulties in relocation; plus reasonable appraisal and legal costs and interest. The authority's first offer rests on its own appraisal and is often the market value line alone. This estimator lays out every head so you can see what a full claim looks like before you respond.
Packing, moving, reconnecting services and setting up at the new location.
Improvements you paid for that cannot be moved.
Lost profit during the move and goodwill that does not survive it.
Fees spent dealing with the expropriation so far.
| Head of compensation | Estimate |
|---|---|
| Market value of the land taken (Act, s. 13 and 14) | $0 |
| Damages for disturbance (s. 13 and 18) | $0 |
| Special difficulties in relocation (s. 13) | Not claimed |
| Reasonable appraisal, legal and other costs (s. 32) | Recoverable from the authority, not estimated here |
| Interest (s. 33) | Payable on the market value from the date you ceased to use the land |
| Total of the money lines | $0 |
This is an estimate of what a claim contains, not legal advice and not a valuation. The authority's offer rests on its own appraisal; your own AACI appraisal and an expropriation lawyer prepare the actual claim, and the appraisal cost is generally recoverable from the authority.
The timeline after the notice
- Notice of application for approval to expropriate is served and published.
- You may request a hearing of necessity within 30 days.
- The approving authority approves; the plan is registered and title vests in the authority.
- Within three months of registration the authority must serve its offer, with the appraisal it is based on.
- You may accept the offer as full settlement, or accept it without prejudice and keep negotiating.
- Possession on the date in the notice of possession.
- If no agreement, either side may apply to the Ontario Land Tribunal to determine compensation.
Source: Expropriations Act, R.S.O. 1990, c. E.26, verified October 15, 2026.
The heads of compensation, in plain words
Market value. What the land taken would sell for between a willing buyer and a willing seller, ignoring the project itself. It is the line the authority's appraisal covers, and the one an independent expropriation appraisal tests first.
Disturbance. The reasonable costs that follow from having to leave: moving, re-establishing, improvements you cannot take with you, and business losses during and after the move.
Injurious affection. On a partial taking, the drop in value of the land you keep, measured before and after the project, plus other harm from building or using the work. It can also be claimed where no land is taken at all but a public work damages the property.
Special difficulties in relocation. An extra allowance where moving is unusually hard, for example where no comparable premises exist in the area the business depends on.
Costs. Reasonable appraisal, legal and other costs of the claim are paid by the authority, so the owner does not have to rely on the authority's numbers. If the claim goes to a hearing, an appraiser who can give expert evidence matters; see also bank appraisal vs private appraisal on why the report's client matters.
Interest. Interest runs on the market value from the date you stopped using or occupying the land, at the rate the Act sets. For how market value itself is reached, see commercial property valuation.
Expropriation compensation FAQ
What am I entitled to when my property is expropriated in Ontario?
The market value of the land taken, damages for disturbance, damages for injurious affection, special difficulties in relocation, reasonable appraisal and legal costs, and interest, under the Expropriations Act.
What is injurious affection?
The reduction in value of land you keep after a partial taking, and other damage caused by the construction or use of the public work. It can also be claimed where no land is taken but a public work harms your property; the authority rarely offers it unprompted.
Can I accept the authority's offer and still negotiate?
Yes. Accepting without prejudice lets you take the offered amount now and pursue the balance by negotiation or at the Ontario Land Tribunal.
Who pays for my appraisal?
The Act provides for reasonable appraisal, legal and other costs to be paid by the expropriating authority, so you can obtain an independent AACI appraisal rather than rely on the authority's.
What if only part of my land is taken?
You are compensated for the part taken and for any loss in value of the remainder, measured as its value before the project less its value after.
How long does the process take?
The offer must come within three months of the plan being registered; negotiation and, if needed, a Tribunal hearing can take a year or more after that.
Do I get interest?
Yes, on the market value from the date you ceased to use or occupy the land, at the rate the Act sets.
AACI, P.App
Ashita Chandra is an AACI-designated appraiser and Director of Valuations at Aion Appraisals & Consulting, preparing commercial property appraisals across Ontario.
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