The City of Windsor is in the process of acquiring 45 neglected properties owned by the Ambassador Bridge company through expropriation, which a legal expert says can be a prolonged and expensive procedure. Shane Rayman from Rayman Harris LLP shared a case in Windsor that lasted almost two decades, emphasizing the potential complexities of such processes.
The deteriorating properties, mostly containing abandoned homes, have become a hub for criminal activities, pests, and vagrants, tarnishing the local community’s reputation. While some residents support the expropriation to address these issues, the bridge company argues that it would only lead to unnecessary conflicts, delays, and increased costs for taxpayers. The company claims it is willing to demolish the buildings at its own cost if authorized by the city.
Upon serving notice to the property owners, the city has initiated the expropriation process for the properties in the west end, granting owners 30 days to request a hearing of necessity before an inquiry officer from the Ontario Land Tribunal. Rayman highlighted that it is uncommon for the tribunal to reject expropriation recommendations.
Before taking over the properties, the city must provide a statutory offer supported by a valuation, which owners can accept while still pursuing further compensation through the tribunal. Despite the properties being vacant or dilapidated, their expropriation values are typically determined based on their highest potential use.
Anneke Smit, the director of the Centre for Cities at the University of Windsor, noted that challenging compensation is a legal recourse against expropriation, with some cases leading to lengthy litigation. Property owners might dispute the municipality’s jurisdiction or attempt to delay possession, further complicating the process.
The bridge company hinted at a possible resolution through property conveyance to the city, which had previously received preliminary approval from the city council. Smit stressed the importance of thorough public scrutiny regarding expropriation, especially when it is considered a final option, as outlined in the Community Improvement Plan for the Sandwich area.