The authors discuss the comparative law of expropriation, particularly as exercised by school boards in Ontario and Michigan They suggest that the sweeping authority given to governments in Ontario to expropriate land should be reviewed and subjected to a stricter legal standard, possibly through a constitutionalization of a right to private property in Canada, In the United States, the Fifth Amendment protects an individual's right to private property and as such, the government must meet a much stricter standard before it lawfully takes an individual's land. Individuals in the United States who decide to litigate issues of expropriation when their land is targeted have a far greater chance of success.
Mario Marrell and Michael Valentin,
Do Ontario School Boards Have Too Much Statutory Power? A Comparison of Expropriation and Eminent Domain in Ontario and Michigan,
41 Can.-U.S. L.J.
Available at: https://scholarlycommons.law.case.edu/cuslj/vol41/iss1/6