09-16COUNTY OF ELGIN
By-Law No. 09-16
"BEING A BY-LAW TO AUTHORIZE AN APPLICATION
FOR EXPROPRIATION OF LANDS
IN THE MUNICIPALITY OF DUTTON/DUNWICH
IN THE COUNTY OF ELGIN
FOR HIGHWAY INTERSECTION RE-ALIGNMENT AND IMPROVEMENT"
WHEREAS:
The Expropriations Act, R.S.O. 1990, c. E.26, as amended, authorizes
municipalities to expropriate lands for municipal purposes;
2. It has been determined that certain lands in the Municipality of Dutton/Dunwich in
the County of Elgin is required for the re-alignment and improvement of the
intersection of Back Street and Talbot Line as located within the said Municipality of
Dutton/Dunwich;
3. The Corporation of the County of Elgin has been unable to otherwise acquire title to
those lands required for the said intersection re-alignment and improvement;
NOW THEREFORE the Council for the Corporation of the County of Elgin hereby enacts
as follows:
THAT authorization is hereby granted for preparation and submission of an
application for approval to expropriate those lands described within Schedule "A"
attached to this By-Law for the municipal purpose of re-alignment and improvement
of the intersection of Back Street and Talbot Line to meet geometric design
standards for Ontario Highways as established by the Ministry of Transportation
(Ontario).
2. THAT the Warden and Chief Administrative Officer for the Corporation of the
County of Elgin are hereby authorized to execute the said application for approval to
expropriate those lands described within Schedule "A" attached to this By-Law for
the purposes set forth above.
THAT the Chief Administrative Officer for the Corporation of the County of Elgin is
hereby authorized both to execute any Notice of Intention to Expropriate those
lands described within Schedule "A" attached to this By-Law for the purposes set
forth above and, further thereto, to arrange for the publication of such Notice of
Intention to Expropriate as required by the Expropriations Act (Ontario), as
amended.
4. THAT the provisions of this By-Law shall come into force and effect immediately
upon the final passage thereof.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 28TH DAY OF
APRIL 2009.
Gr am Warwick,
Warden.
Chief Administrative Officer.
SCHEDULE"A"
By-Law No. 09-16
Part of Lot "B", Concession 7, Municipality of Dutton/Dunwich (geographic
Township of Dunwich), County of Elgin, designated as Part 1 according to
Reference Plan 11 R-9054 (Elgin).
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Expropriations Act (Ontario)
IN THE MATTER OF the proposed expropriation of land by the Corporation of
the County of Elgin, being Part of Lot "B", in Concession 7 in the Municipality of
Dutton/Dunwich (Geographic Township of Dunwich) and County of Elgin, for the
purpose of re-alignment and improvement of the intersection of Back Street and
Talbot Line in the said Municipality of Dutton/Dunwich to meet geographic design
standards for Ontario Highways as established by the Ministry of Transportation
(Ontario).
NOTICE IS HEREBY GIVEN that Application has been made for approval to
expropriate the lands described as follows:
Part of Lot "B", Concession 7, Municipality of Dutton/Dunwich
(geographic Township of Dunwich), County of Elgin, designated
as Part 1 according to Reference Plan 11 R-9054 (Elgin).
Any owner of lands in respect of which Notice is given who desires an inquiry into
whether the taking of such land or interest is fair, sound, and reasonably
necessary in the achievement of the objectives of the expropriating authority,
shall so notify the approving authority in writing,
a) in the case of a registered owner, served personally or by
registered mail within thirty days after the registered owner is
served with the Notice, or, when the registered owner is served by
publication, within thirty days after the first publication of the Notice;
b) in the case of an owner who is not a registered owner, within thirty
days after the first publication of the Notice.
The approving authority is:
The Corporation of the County of Elgin
450 Sunset Drive
St. Thomas, Ontario
N5R 5V1
The Corporation of the County of Elgin
Per:
This Notice first published on the df~~ day of April, 2009.
Expropriations Act (Ontario)
TO: The Corporation of the County of Elgin
450 Sunset Drive
St. Thomas, Ontario
N5R 5V1
IN THE MATTER OF the proposed expropriation of land by the Corporation of
the County of Elgin, being Part of Lot "B", in Concession 7 in the Municipality of
Dutton/Dunwich (Geographic Township of Dunwich) and County of Elgin, for the
purpose of re-alignment and improvement of the intersection of Back Street and
Talbot Line in the said Municipality of Dutton/Dunwich to meet geographic design
standards for Ontario Highways as established by the Ministry of Transportation
(Ontario).
APPLICATION IS HEREBY MADE for approval to expropriate the lands
described as follows:
Part of Lot "B", Concession 7, Municipality of Dutton/Dunwich
(geographic Township of Dunwich), County of Elgin, designated
as Part 1 according to Reference Plan 11 R-9054 (Elgin).
A copy of Reference Plan 11 R-9054 (Elgin) as referred to above is attached.
Dated at St. Thomas, Ontario, this 2$-7a, day of April, 2009.
The Corporation of the County of Elgin
Per:
Per:
We have authority to bind the Corporation
of the County of Elgin