Council approves expropriation for industrial land access

Jeff Helsdon, Local Journalism Initiative Reporter

Tillsonburg council approved the expropriation of land at 170 Vienna Road to provide access to town-owned industrial property behind it.

The only access to the town property at 166 Vienna Road, which was used as a yard waste transfer depot for a time, is through a laneway owned by CN. In his report to council at the Aug. 11 meeting, Development Commissioner Cephas Panschow said it’s unknown why there is no road access or frontage to the property, and said expropriation of the property in front of it at 170 Vienna Road is the only alternative. Road access is necessary for the town to sell the approximately 40 acres of property it owns.

“The Town of Tillsonburg has made a number of attempts over the past year to acquire the 170 Vienna Road property, but with no success and limited response to date,” he wrote in his report. “A number of options were also proposed, including acquiring a strip of land to add to the six metres/20-foot-wide laneway owned by CN Rail. Unfortunately, there seems to be no chance of securing the property, which leaves the town with the only option of

expropriating it.:

“We need this property for the purposes of a municipal road and municipal servicing,” he said during the meeting.

The expropriation process is one where a government body can take possession of a piece of land, even if the property owner is unwilling to sell it, for purposes outlined in the Expropriations Act. The property owner must be provided fair compensation as part of the process.

The new access would also benefit two adjacent property owners without road access, potentially offering opportunities for cost-sharing on the expenses associated with purchasing the property at 170 Vienna Road.

Panschow said the first step is for council to pass a bylaw. He said the process could be a lengthy one.

Deputy Mayor Dave Beres asked for more details on the timeline, to which Panschow answered that it is up to council decisions as the process progresses, and is also dependent on how the negotiations go and if there is an appeal to the Ontario Land Tribunal on the price.

“It could be anywhere from three months, to nine months, in that range,” he said.

Mayor Deb Gilvesy questioned the cost and whether there was a commitment to cost share from the other landowners.

Panschow emphasized that passing the bylaw is the first step, but he has talked to the other landowners, and there is some commitment.

Gilvesy also wanted to ascertain there was no other way to access the property, which Panschow confirmed.

Passing the bylaw started the authorization to expropriate 170 Vienna Road for access to the industrial land owned by the town and others. The bylaw also had provisions the process would stop if a transaction is registered to transfer title of the land to the town.

Contacted later, the property owner at 170 Vienna Road, who wished to remain anonymous, said this process has been going on over two years. It’s his or her belief that the industry behind the property is behind the expropriation, not the town, and there are other alternative accesses to the property.