Land Expropriation

[rsmith]

Alberta just passed first reading of Bill 19,Land Assembly Project Area Act.

It allows the Govt. or it's Agencies (The Crown), to acquire land for "public projects" such as Transportation,Various Corridors, Water Management, or d. anything else !! I've paraphrased for brevity.

Presumably it bypasses the Surface Rights Board (with its rights and protections), or why is this bill needed?

Ohhh I forgot about the ELECTRICITY corridors to McMurray and California?

Do we need to be concerned or will our backbench reps. look after us?

Google Alberta Bill 19 to view.

[TOM4CWB]

rsmith,

As you know Ab Transportation has been buying up land for these projects for years. The west side of Sherwood Park has been owned by the provincial gov for decades.

I strongly doubt that in practice much will change!

[wilagro]

Albertans keep voting the PCs in year after year, you get legislation like this Bill 19 because this government really don't give a hoot what YOU want as they RULE.

They are subverting the old controls to avoid demonstrations and protests, after all they have to cater to the oil companies and the utility companies who want access to your land to do what THEY want.

Some day Albertans will smarten up but it probably wont be in my lifetime.

[TOM4CWB]

Wilagro,

Nice Rant.

I am sure if you needed to provide for infrastructure and orderly development of our province... you would be unlikely to do anything different.

[mcfarms]

Not a marketing topic but one that baers discussion, little surprised Tom would be defending this bill 16 as it's pretty heavy handed, it's worth a read as it can severly limit the use of any land deemed to be potentially useful at some point in the future. Something about in the public good ( I've heard that before somewhere hmmmm)

[rsmith]

mcfarms

I realize this should have been under Rural Issues but not much happening there.

Aren't landowners concerned that a Minister (not just Infrastructure Minister) can designate your land and control what happens on it without compensation or time limits ? As long as he has a "Plan".

At some point the Plan can be dumped, and the land released with no compensation, after maybe 10 or 20 years of supervision and frustration.

[TOM4CWB]

MCfarms,

As a 3rd party watching the process in the past... I truly doubt that things will become more difficult for land owners.

As stated by the Provincial Government... this legislation could make the whole process more transparent than it is now.

Since we have no property rights in Alberta... it is hard to lose something we don't have in the first place!

Is this support from me...for the lack of legislated property rights in Alberta?

In no way.

I just don't see bill 19 making utility corridors easier to expropriate from land owners... if it is farm land... no-one is saying it can't be farmed... are they? If it is industrial land... you can't blow your nose without having approval from both levels of Government.

There must be public planning... and for reasonable planning... for future infrastructure... a process must exist.

[mcfarms]

Heres a summary of this bill, with main issues at the bottom




Summary of Bill 19, Land Assembly Project Area Act
Legislature of the Province of Alberta
*All information in this document regarding Bill 19 was read directly from the actual bill before the Alberta Legislature. Some opinions were obtained from an email from Keith Wilson at Wilson Law Office

March 06, 2009

The Bill was first read March 2nd and introduced by Jack Hayden, Minister of Infrastructure. The order papers for Monday, March 9th state the second reading could happen Wednesday, March 11th, but is subject to change and could be sooner or later.

Bill 19 gives the Lieutenant Governor in Council (LGIC), with the recommendation of the Minister of Infrastructure, the ability to designate an area of land as a Land Assembly Project Area.
What this means is that the government of Alberta can issue a “control order” to private property owners and, in certain ways, control their property.

The process for this is done when the Minister sends details of the orders, which include regulations on the land, to the chief administrative officer of a municipality. The CAO then places notices on the land titles that are in the project area, then that information is sent to the land owner.

Land owners, or those who acquire project area lands, are subject to the act and its regulations. The land can be expropriated or purchased by the Crown, when the Crown decides that it wants to. Until it is purchased or expropriated it is under the administration of the Minister or someone the Minister chooses. Regarding expropriation, the bill states the following in section 13:

Limitation on expropriation
13 Nothing done or omitted to be done in accordance with this
Act or the regulations made under it constitutes an expropriation
for the purposes of the Expropriation Act or otherwise at law.

The designation can be repealed by the Minister. A designation can remain on a property, or be removed, without any actual construction or physical changes being done.

The government control of private property will be done so they can secure land for transportation and utility corridors. This includes projects related to:

1) Transportation of people or goods.
2) Confining pipelines, pipes, conduits, wires, cables, poles, and any other devices to a corridor.
3) Projects relating to water conservation.
4) Any other project deemed to be a public project by the LGIC.

Before the LGIC designates any pieces of land, the Minister must have plans created for the project, announced the project to the public, and give notice to, and consult with, the effected landowners. Métis Land cannot be designated as a Project Area.

Once an area of land is designated to be a Project Area, the LGIC can make regulations to the land. These regulations can include:
1) Control, restriction, prohibition or approval of any other use, development or occupation of the project land.
2) Authorizing the Minister to approve uses or make exemptions to any type of uses to the designated land.
3) Making regulations regarding removal of buildings, improvements, materials or animals from the project area. And make regulations regarding compensation by the Crown for any loss resulting from the removal.
4) Making regulations regarding the control, restrictions, or prohibitions of other government powers.
5) Making any or all of the provisions of the Surface Rights Act inapplicable to any crown land
6) Determining the maximum amount of land needed
7) Respecting any other thing the LGIC considers necessary or incidental to carrying out this act

The act can be enforced for people to comply with it through enforcement orders. These are enforceable as long as it details the reasons for the enforcement and it is served to the person, mailed, or sent to the registered address on a land title. The Crown can also approach a Judge and serve a notice in a way the Judge feels appropriate. The Minister has the power to change, add or delete conditions on the enforcement orders themselves. The regulations, as it states in the bill, are still valid and operational and are not dependant on the filing or sending of any notice. The enforcement orders make all interested persons in the land jointly responsible for compliance to the enforcement order.

The Minister can send an enforcement order which can:
1) Direct an individual to cease, stop or change what the landowner is doing.
2) Force a person to take action to correct something that was done, which can mean removing and/or destroying a structure or building OR restoring land to the way it was before.
3) Force a time limit on when the changes will take place, and if not completed in a time limit, then the Crown will take action at the land owner’s expense.

Action can be taken by the Minister at the land owner’s expense if the Minister deems it necessary to carry out, responding to, or investigating the terms of the enforcement order. The costs to the Crown are “recovered” by the Crown by putting the person in debt, or by forcing the person to directly pay the Minster.

The person/landowner can appeal an enforcement order within seven days of the enforcement order being served. While it is being appealed, it does not stay the enforcement order unless the 'appeal body' declares it. As well, the appeal body can order the Minister to carry out the terms of the enforcement order at the landowner’s expense, if the appeal body deems it necessary.

The Courts can file an injunction against any person named on the enforcement order. Land owners can be charged a fine of no more than $100,000 or imprisoned for no more than 2 years or both. A corporation can be fined no more than $1,000,000. If it is two years after the offence, or if the person took reasonable steps to prevent the offence, then they cannot be prosecuted.

As the bill currently stands, it does not state anything regarding, or addresses any of the following:
1) How long land will be held for, which could be years if a 'project' is being built
2) Any type of compensation for land owners effected by the bill for their lands being used whether it is a business or personal land or a farm
3) Any specific methods for expropriation or purchasing.
4) What route a landowner can take, if any, to prevent this from happening. It only details what can be done for appealing enforcement orders and says land owners will be consulted with
5) Any standards that need to be taken by the government to show the land being taken is necessary to their infrastructure projects
6) The impacts of having a farm or business unable to expand on its own land and the financial complications from that, as well as the personal costs
7) How or if compensation will be handled if a project lands is repealed.
,

[wilagro]

This Bill 19 is wicked in its entirety. The government will stifle ALL dissent.

No more public meetings for transmission towers...just apply the law. Bingo...silence.

Huge fines if you buck it. Nazi Germany style rule. If landowners don't fight this then they will have to knuckle under whenever some nitwit cabinet minister dreams up a "project" or some oil company wants to plan a "project" but abandon it 10 years later with no penalty but the landowner will be not compensated for the wasted time and/or possible opportunity lost regarding HIS property.

Phone your MLA and give him sh** over this crappola bill.

[TOM4CWB]

rsmith,

Hopefully some changes will be made... call your MLA and express your opinion. My MLA does not like the bill... talk to Ted Morton... he is a champion for property rights... with past promises that we would see a bill of rights or something to this extent.

It is time to move on these issues.

[mcfarms]

We need to stay on this one, thanks to everyone who has contacted their MLA.

[agriman]

Draconian. More Stalinist Russia than Nazi Germany. How could this happen?