Expropriation
Overview
Extensive Expertise
Lavery offers comprehensive expertise in expropriation law, serving both expropriating entities—such as public bodies and para-public agencies—and expropriated businesses. Our deep understanding of both perspectives provides a significant strategic advantage: we are able to anticipate the issues, procedures and objectives of all parties involved in the expropriation process.
When Lavery represents the expropriating party, our professionals work proactively with clients to define an action plan and a comprehensive strategy for acquiring properties and real estate rights. Our deep expertise allows us to incorporate detailed and thorough planning of the anticipated expropriations into our strategy. We take a structured and methodical approach to planning, taking into account all aspects of a project, including social acceptability, the rights and obligations of all stakeholders, and the social, environmental and political impacts of each action.
When Lavery represents the expropriated party, our professionals draw on their in-depth knowledge of the expropriation process to ensure that clients can fully assert the rights to which they are entitled. This expertise enables us to ensure that all eligible compensation is claimed from the expropriating authority. Together with our clients, we also develop a tailored strategy aimed at securing a compensation process that is both timely and efficient.
Strategic Support at Every Stage
Our team is involved in matters governed by both provincial and federal legislative frameworks and provides full-service support across all aspects of expropriation, including:
- Pre-expropriation analysis: title searches, identification of registered owners, site access assessments, zoning reviews (including agricultural zoning), and verification of third-party rights or easements that may impact the exercise of expropriation rights.
- Support throughout the process: the expropriation process involves a number of steps that are clearly defined by law, which is why it is essential for our clients to be guided by professionals through every stage.
- Negotiation and compensation strategy: development of tailored legal strategies and valuation assessments to secure a settlement to the client’s advantage.
- Representation before courts and regulatory bodies: advocacy for our clients’ interests in litigation and administrative proceedings related to expropriation.
- Expert evidence management: expropriation disputes often involve complex discussions around land valuation methods, making collaboration with recognized experts essential to effectively support our clients’ positions.
A 360-Degree Approach
Expropriation cases frequently require the involvement of professionals from a variety of fields. Lavery has an integrated, multidisciplinary team, offering access to a broad range of complementary practice areas:
- Government affairs and public law litigation
- Land-use planning
- Commercial
- Construction
- Public and administrative law
- Environment
- Real estate
- Infrastructures and major projects
- Municipal
Representative Mandates
- Acted as counsel for major development and infrastructure projects, advising on strategies related to the acquisition of real property rights and expropriations, as well as the purchase of real estate, including the review of offers and draft deeds of sale.
- Represented several cities and municipalities in property acquisitions through expropriation, including for the construction of elementary and secondary schools.
- Represented cities and municipalities in property acquisitions under the Act Respecting Municipal Industrial Immovables, for the purpose of creating reserves of industrial land.
- Represented owners and lessees of commercial properties subject to expropriation by public bodies or para-public agencies, helping them secure the highest possible compensation in accordance with applicable regulations.
Extensive Expertise
Lavery offers comprehensive expertise in expropriation law, serving both expropriating entities—such as public bodies and para-public agencies—and expropriated businesses. Our deep understanding of both perspectives provides a significant strategic advantage: we are able to anticipate the issues, procedures and objectives of all parties involved in the expropriation process.
When Lavery represents the expropriating party, our professionals work proactively with clients to define an action plan and a comprehensive strategy for acquiring properties and real estate rights. Our deep expertise allows us to incorporate detailed and thorough planning of the anticipated expropriations into our strategy. We take a structured and methodical approach to planning, taking into account all aspects of a project, including social acceptability, the rights and obligations of all stakeholders, and the social, environmental and political impacts of each action.
When Lavery represents the expropriated party, our professionals draw on their in-depth knowledge of the expropriation process to ensure that clients can fully assert the rights to which they are entitled. This expertise enables us to ensure that all eligible compensation is claimed from the expropriating authority. Together with our clients, we also develop a tailored strategy aimed at securing a compensation process that is both timely and efficient.
Strategic Support at Every Stage
Our team is involved in matters governed by both provincial and federal legislative frameworks and provides full-service support across all aspects of expropriation, including:
- Pre-expropriation analysis: title searches, identification of registered owners, site access assessments, zoning reviews (including agricultural zoning), and verification of third-party rights or easements that may impact the exercise of expropriation rights.
- Support throughout the process: the expropriation process involves a number of steps that are clearly defined by law, which is why it is essential for our clients to be guided by professionals through every stage.
- Negotiation and compensation strategy: development of tailored legal strategies and valuation assessments to secure a settlement to the client’s advantage.
- Representation before courts and regulatory bodies: advocacy for our clients’ interests in litigation and administrative proceedings related to expropriation.
- Expert evidence management: expropriation disputes often involve complex discussions around land valuation methods, making collaboration with recognized experts essential to effectively support our clients’ positions.
A 360-Degree Approach
Expropriation cases frequently require the involvement of professionals from a variety of fields. Lavery has an integrated, multidisciplinary team, offering access to a broad range of complementary practice areas:
- Government affairs and public law litigation
- Land-use planning
- Commercial
- Construction
- Public and administrative law
- Environment
- Real estate
- Infrastructures and major projects
- Municipal
Representative Mandates
- Acted as counsel for major development and infrastructure projects, advising on strategies related to the acquisition of real property rights and expropriations, as well as the purchase of real estate, including the review of offers and draft deeds of sale.
- Represented several cities and municipalities in property acquisitions through expropriation, including for the construction of elementary and secondary schools.
- Represented cities and municipalities in property acquisitions under the Act Respecting Municipal Industrial Immovables, for the purpose of creating reserves of industrial land.
- Represented owners and lessees of commercial properties subject to expropriation by public bodies or para-public agencies, helping them secure the highest possible compensation in accordance with applicable regulations.
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Valérie Belle-Isle
Partner, Lawyer / Québec
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Solveig Ménard-Castonguay
Lawyer / Québec
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Anne-Marie Asselin
Senior Associate / Québec
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Charlotte Dangoisse
Senior Notary / Montréal