Bill 6 is No Fix to Bad Laws on Property Rights

[ALC]

Read Message below from Alberta Landowners Council Policy Chair, Keith Wilson Regarding Bill 6 and the new Property Rights Advocate.
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Bill 6 is No Fix to Bad Laws on Property Rights

The Alberta Government’s new Bill 6 does not create new rights to protect landowners. It has been said that Bill 6 guarantees access to the Expropriation Act. I wish that were true but it is not.

As a lawyer dealing with land and agricultural issues for 17 years, I can confirm that there is no legal wording in Bill 6 to protect you if the Cabinet uses its new powers under Bill 36 to rescind your water licence, dairy barn approval, grazing lease, fertilizer plant approval, gravel permit, or any other form of statutory consent you need to run your farm or business. If the Cabinet puts you into bankruptcy or devalues your land because it decides to cancel one of your statutory consents, there is no compensation and no right to challenge the decision in court. That is what the legal wording of Bill 36 says.

You need only read sections 11, 13(1) and 15(3) and (4) of the Alberta Land Stewardship Act (Bill 36) to see how this government has taken away the core rights associated with our market-driven economy and our once free and democratic society.

Indeed, in 2010 and 2011, government officials making public presentations on Bill 36 included a slide in their presentation bragging about how the new law was written to take away opportunities for courts to challenge any decisions made by Cabinet—even decisions affecting your land or business. The Cabinet is now King and we are its mere obedient subjects.

More proof: section 15.1 of Bill 24—Carbon Capture and Storage Act—says that the Alberta Government has just declared itself to be the owner of the portion of landowner’s property rights known as subsurface pore spaces. Section 15.1(4) states that Expropriation Act does not apply and landowners are not entitled to any compensation for those property rights the government just took from every landowner in Alberta.

Minister McQueen also seeks to assure landowners by pointing to the part of Bill 6 that allows the new government-appointed property rights advocate to file a report with the courts if he sees a problem. Well, there is nothing in Bill 6—or any other Act—that empowers the courts to do anything with that report. The new advocate may as well send his report to Santa Claus.

During the government’s Property Rights Task Force meetings in January of this year, thousands of Albertans demanded that these bad laws be repealed. On February 21, 2012, to the surprise of many, including the Alberta Landowners Council, Premier Redford announced that her government is moving forward with full implementation of the new laws because these laws reflect her vision for the future of our province.

Scary.


Alberta Landowners Council

Per:

Keith Wilson, B.A., LL.B.
Alberta Policy Chair

[oneoff]

No consultation; no listening; no respect for what should be rights. It's out in the open; right in your faces and almost everyone gives up without a whimper.
For those who think that dictators and their tactics will never visit your personal space........ just contemplate sometime on who will be left to stand up for your selfish self ......in your time of need.
Governments are meant to represent their stakeholders; and make their lives easier under more just conditions; and not to crush and punish their subjects.

[GreenValley]

Good Example: Have you forgotten how to deal with Corridor Highway #2? Saudis Arab has interested investment to build High Speed Train right in Alberta from Edm to Cal but cancel it, that was around 1980's time. We very disappoint to hear Saudis Arab has decide to cancel. And most recently High Speed Train was bring up again and there is talking setting up High Speed Train from Edm to Cal but I heard plan was put on shelves due Corridor Highway #2 landowner problem. For Example if one landowner want raise so much money than market can offer and others will follow and other or perhaps all landowners will follow. This is showing landowners killing our Alberta rich investments, service transportation. Once time I was driving evening from Calgary I could not believe my eyes all lights from cars, trucks on Highway 2 were line up full. Good Gosh, it turn out busying highway. It was meant to set up High Speed Train Service but aware of problem dealing with landowners along Corridor Highway. How do you dealing with them? You tell me.

[nicolaas]

there are already laws present to
expropriate the land in the common good.
It just takes a bit longer. In the end,
the government gets the land. These new
laws the PC's are pushing through will
stream line the process and allow the
governmant to basically sit on your land
for projects up to 20 years in the
future with no compensation to you at
all. The old way worked better for
landowners, (though you still lose the
land in the end), while the new way is a
bureaucrats wet dream.

[ASRG]

What is the common good? Is that taking your property for nothing or less than it is worth?
Under the Expropriation Act the Land Compensation Board decides what the land is worth (based on assessment). The landowner cannot set the price.

The land owner can challenge the assessed value in front of the Land Compensation board....but they almost never get more than the assessed value!
So the idea that landowners can hold up any project because of price is not right.

A high speed rail does not make sense for central Alberta (not near enough people). It would be a complete white elephant! Which was probably why no one in their right mind would invest in it!

[GreenValley]

Wonder what is the cause High Speed
Train put to shelves due blame location
engineer problems or dealing landowners
along the corridor highway. Those both
Edm and Cal exciting to see have train
running in between cities as Cal has
planning some direction way to downtown.
I think Alberta do interesting want to
see have train here in those between
cities. If it is not ready and perhaps
in future will ready. It provide Alberta
jobs by building one by using our wealth
resource.

Agree Govt would use Surface Board to
settle fair price on corridor highway as
my friend is on corridor highway is
trying overmarket price but has been
send to board and board decide pay
little over market value price and he
happy with deal. To me is example
dealing with landowners along corridor
by board is difficult task.

[Gofer]

It's IRONIC. I'm a volunteer setting up 4X4 road signs for a new candidate. In our county you have to buy a $250 permit from the County to put up ditch signs and get permission from landowners to put on their land. Alberta Landowners Council are trespassing on the private land to put 2 signs beside our sign saying "No PC". I have lots of sympathy, but am supporting the great PC candidate, not the party, over the pink flower parties' unknown candidate who doesn't even live in the constituency.

Long story, if you are pushing for land rights, show respect and don't trespass!! And get a permit for the ones in the ditch !

[ASRG]

Maybe you could trash the land owner signs like the PC retards have been doing with our Wildrose signs?
Maybe the PC government could stop stealing our property?

[Gofer]

I hear you. Thankfully, so far, we haven't seen any vandalism on anybody's signs in this constituency.