Permanent Road, Alley and Walkway Closures
Notice is hereby given pursuant to City of Hamilton By-law 14-204 to establish procedures, including the giving of notice to the public, governing the sale of land owned by the City of Hamilton that the Council of the City of Hamilton proposes to pass a By-law to permanently close a portion of road, alley or walkway.
Apply for a permanent road, alley or walkway closure
- Submit the completed application, a drawing showing the closure area and the Formal Consultation fee of $1,145 to:
Email [email protected]
- The application will be processed by Public Works Staff. If staff recommend that your application move forward to Committee and Council, the $1,145. Formal Consultation fee will be applied to the total fee of $5,048.65.
- If your application is successful other fees may be applicable, such as:
- Fees to advertise the proposal in the local newspaper.
- Legal and surveying costs.
- Relocation or removal of sewer and water lines, gas main, telephone lines and hydro lines.
- Purchase price of the lands. All public rights of way are sold at the fair market value taking into consideration the nature of the purpose, intent, and potential of the real estate interests, as determined by the Real Estate Section, in accordance with the City’s Sale of Land Policies..
Permanent road, alley and walkway closure procedure
- A road, alley or walkway must be closed by By-law if an expenditure of public funds has occurred for its improvement. Unopened original road allowances vested with a municipality whether or not public funds have been expended, must be permanently closed and sold by By-law under the Municipal Act (Sect. 316 (1) R.S.O. 1980). Most public unassumed alleys must be closed by Judge's Order, following Council approval.
- Approval of the closure will be based on adherence to certain conditions. This will include the preparation of a SURVEY PLAN to be sent by email to [email protected].
- Plan Costs - The applicant must engage an Ontario Land Surveyor to prepare a Reference Plan and deposit it in the Land Registry Office. The plan must clearly define the extent of the road, alley or walkway to be closed and the manner in which it will be divided between the abutting owners. This plan must be forwarded to the Senior Project Manager, Geomatics and Corridor Management for approval. The Senior Project Manager may be contacted at 905-546-2424 ext. 2439.
- Real Estate Costs - The Committee will also set a price for the sale of each part of the street, alley or walkway to the abutting owners. Owners will be contacted by the City of Hamilton, Real Estate Division, with respect to the value placed on the lands and from this point on it becomes a regular real estate transaction, for which the owners will require the services of a solicitor.
- Utility Costs - The applicant must satisfy the requirements of any utility company or the City of Hamilton regarding the disposition of any existing service.
- Legal - Once all the foregoing conditions have been fulfilled, the applicant must request that the Director of Legal Services proceed with the By-Law and all subsequent legal requirements and documentation if closed by By-Law. If an alley is to be closed by Judge's Order the applicant must engage a solicitor to prepare the documentation and to appear before the Judge. This documentation must be complete and is subject to the approval of the Director of Legal Services.