Can a city expropriate a property that is in a heritage conservation district?
Ontario, Canada
The following excerpt is from The Corporation of the City of Windsor v. Paciorka Leaseholds Limited, 2011 ONSC 2876 (CanLII):
Levine v. Ottawa (City), [1990] O.J. No. 1754, 44 L.C.R. 1 (Div. Ct.) involved the City's expropriation of a property that was in a designated heritage conservation district. The owner's position was that the land should be valued as if there were no heritage designation. The court disagreed. It noted that the designation of lands as a heritage district did not show an intention to expropriate; rather, it showed an intention to preserve. The only reason the expropriation occurred was because the owner did not follow the zoning requirements and the purpose of the designation. Thus, the court concluded that there was no decrease in the value of the property resulting from the heritage designation.
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