Expropriation for Commercial Properties
Protecting your business when the government takes commercial property.
Legal Support for Business Expropriation
When the government expropriates commercial property for public purposes, businesses face unique challenges that differ from those faced by residential property owners. Expropriation can disrupt operations, force costly relocations, and impact customer relationships. We protect business interests throughout the expropriation process.
Business Property Rights
The expropriation of land is a legal right vested in all levels of government, government agencies, and public utility companies for purposes deemed to be of public interest. Expropriation occurs for the purpose of widening roadways, highway construction, transportation systems, provincial infrastructure, and oil and gas pipelines. The Expropriation Act provides that every person whose land is expropriated shall be compensated.
Compensation Negotiation
Before taking possession, the expropriating authority must provide documentation related to the expropriation, an offer for full compensation, and an appraisal report. We ensure businesses receive fair compensation not only for property value but also for the full impact on their business operations.
Business Loss Claims
A business located on expropriated land will receive compensation for business losses incurred as a result of relocation. Generally, business losses are not determined until the business has commenced operations and has been in operation for twelve months, or until a three-year period has elapsed from the date of expropriation. These losses can include lost profits, customer loss, and reduced market share.
Relocation Costs
Business relocations involve high costs beyond simple moving expenses. This includes renovation costs for new premises, equipment reinstallation, signage, marketing to notify customers, and temporary closure losses. We ensure all business relocation costs are properly claimed.
Legal Cost Recovery
Subject to some limitations, the property owner’s legal costs are generally indemnified by the expropriating body. These costs include legal fees, disbursements, and expert fees. Where determined compensation exceeds the initial offer, the expropriating body pays the owner’s costs.
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Commercial Expropriation Lawyer
Legal Services:
- Estate Litigation
- Expropriation
- Loan and Mortgage Enforcement
Languages:
English
Frequently Asked Questions
How is business compensation different from residential?
Business compensation encompasses not only property value but also business losses resulting from relocation, lost profits during the transition, customer loss, and all costs associated with reestablishing operations. Business losses are typically assessed after twelve months of operation at the new location.
What business costs are covered?
Covered costs include moving expenses, renovation of new premises, equipment reinstallation, business interruption, lost profits, customer notification, marketing costs, and professional fees. Documentation is crucial for full recovery.
Can I continue to operate my business during expropriation?
Timing and transition planning are critical. We work to negotiate possession dates that minimize business disruption and ensure adequate time for finding suitable alternative premises.
Disputes & Resolution
Explore all services in this area:
- Business Litigation: We help resolve contract, shareholder, partnership, property, and construction disputes. Our litigators focus on practical solutions and provide strong representation when court action is required.
- Collections & Enforcement: We help resolve contract, shareholder, partnership, property, and construction disputes. Our litigators focus on practical solutions and provide strong representation when court action is required.
- Tax Disputes: We protect taxpayer rights throughout CRA audits, appeals, and litigation. Our team guides clients from the first inquiry through to representing them before the Tax Court or Federal Court.
- Expropriation for Commercial Properties: We support property and business owners through the expropriation process, handling negotiations, compensation claims, and all related legal steps to reduce stress and protect your interests.