PUSLINCH – A land owner in Puslinch is seeking a better deal from the province for the land it had expropriated from them for the Highway 6 expansion project.
A notice of arbitration accessed from the Ontario Land Tribunal (OLT) shows the owner of 7088 Wellington Rd. 34 in Puslinch is seeking at least $5.9 million as compensation for just over 28 acres of land the province expropriated for the construction of the new interchange on Highway 6/Hanlon Expressway and a new roundabout at Wellington Road 34 and Concession Road 7 nearby.
The document said the Ministry of Transportation Ontario (MTO) expropriated what amounted to just under 20 per cent of the appellant’s land in July 2017 but “construction remains to be completed and in many parts affecting the subject property, has not yet even commenced.”
Although the land is designated agricultural land, the notice of arbitration claimed it has development and valuation potential as business or rural employment land and as such stated about 23 of the acres taken have a market value not less than $5.78 million or $250,000 per acre.
The rest, it valued at $22,000 per acre for a total of $110,440.
The notice does not say what amount the MTO paid for the expropriated land.
“The subject property is in a prime intersection location in a previously low traffic area but will become a high-traffic area once the highway addition is complete,” the notice said.
“The subject land is used by the owner for agricultural cash-crop income. Such proximity to further and increased traffic, noise and distress is likely to result in loss of income and efficiencies to the subject property.”
According to the notice of arbitration, the appellant is seeking not less than $5.9 million for the value of the taking, an amount to be determined for injurious affection, up to $100,000 as disturbance damages and up to $100,000 for loss of executive time.
Owners of another property on Wellington Road 34 also took the MTO to the OLT for similar reasons and sought $1.5 million. A lawyer on that case confirmed via email a confidential settlement was reached in that case earlier this year.
No hearing date has been set for this most recent case.
