Winnipeg Free Press (Newspaper) - July 29, 2013, Winnipeg, Manitoba
C M Y K PAGE B1
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CITY & BUSINESS CITY EDITOR: SHANE MINKIN 697- 7292 city. desk@ freepress. mb. ca I winnipegfreepress. com
MONDAY, JULY 29, 2013
B 1
M ORE than one- third of the owners of properties
expropriated to make room for
CentrePort Canada Way have balked at the
purchase price - setting the stage for the highway's
property- acquisition budget to exceed the
provincial target.
Since 2010, the province has expropriated 261
hectares of land in northwest Winnipeg and the
RM of Rosser to make room for a $ 212- million
highway to serve CentrePort, an industrial development
taking shape near Richardson International
Airport.
The new road, which remains under construction,
runs from Inkster Boulevard and across
Sturgeon Road before connecting to the Perimeter
Highway.
The province expropriated a total of 31 parcels
of land to make room for the highway and
proceeded to attempt to negotiate purchase
prices with the former property owners, according
to the provincial Crown Lands and Property
Agency.
Those negotiations have resulted in only two
settlements to date, while 16 others have yet to be
negotiated and may wind up in a contested hearing
before the provincial Land Value Appraisal
Commission.
Another 13 properties are already heading
into contested hearings, which were supposed to
begin in May but have been pushed back to September.
" It may be that in and of itself says something
about whether or not people feel they're being offered
a reasonable amount for their properties,"
said Antoine Hacault, a Manitoba lawyer who
deals with expropriations and represents some of
the property owners.
Crown Lands has set aside $ 7.1 million to compensate
the owners of all 31 properties and has already
spent $ 5.4 million on preliminary payments,
according to the province.
Rocky Neufeld, a land appraiser who represents
some of the property owners, said he doubts the
remaining $ 1.7 million will be able to cover the
negotiated or contested settlement of the 29 other
parcels of expropriated land.
" It's a tremendous shortfall someone has left
them with," said Neufeld, surmising the cashstrapped
province will be forced to find the money
somewhere else.
But Crown Lands maintains it's offered a fair
price for the expropriated land.
" We've done a thorough investigation of the
properties. Our appraiser has done his work.
We're comfortable in the numbers," said Ken Dzogan,
the agency's former land- acquisition officer,
earlier this year.
The CentrePort Canada Way property acquisition
amounts to one of the largest sets of involuntary
expropriations Crown Lands has ever made,
added Dzogan.
His agency prefers to settle expropriations
through negotiation, he said. " We recognize this
is an expropriation. No one came to us and said,
' Please buy my land.'
" The owner didn't come to us with an offer to
sell, so they ought to receive every vehicle they're
entitled to. At the same time, we're keenly aware
we're paying taxpayers' dollars."
In theory, property owners are entitled to compensation
for the cost of hiring lawyers, land appraisers
and planners to assist their side of the
fight. Neufeld said in this instance the province
has not covered those fees for his clients, who are
left with mounting costs while the contested- hearing
process crawls toward resolution.
" It could be years before these cases are ever
brought forward," said Neufeld, claiming this is
a deliberate provincial tactic. " They're using nonpayment
to negotiate: ' Take my offer or you won't
get paid for years.' It's what someone would do in
private practice, but governments should be held
to a higher standard.
" Legal counsel, the owners and appraisers want
these things brought forward in an expedient
fashion."
In a statement, the province said compensation
issues are complex and it's attempting to work out
fair settlements as quickly as possible.
Hacault, the expropriation lawyer, said the
province must balance the needs of taxpayers
with those of the property owners.
" From my perspective, people should be entitled
to the reimbursement of their reasonable expenses
on an ongoing basis," he said.
Property owners who reject provincial purchase
offers have two years to appeal to the Land Value
Appraisal Commission. The province is obliged to
pay whatever amount the commission determines
must be paid.
bartley. kives@ freepress. mb. ca
This land was your land
HERE'S how the province made room for
CentrePort Canada Way, a $ 212- million
new highway on Winnipeg's northwestern
fringe:
Total land expropriated : 261 hectares in
the City of Winnipeg and RM of Rosser.
Number of expropriated parcels : 31.
Settlements achieved to date : Two.
Parcels undergoing negotiations : 16.
Parcels heading into contested hearings :
13.
Cash set aside to acquire all 31 parcels :
$ 7.1 million.
Preliminary payments already made :
$ 5.4 million.
- source: Province of Manitoba
Expropriation a bumpy road
Would- be purchase prices rejected for CentrePort route
By Bartley Kives
' They're using non- payment to negotiate: " Take my offer or you won't get paid for years." It's what
someone would do in private practice, but governments should be held to a higher standard.'
- Rocky Neufeld, a land appraiser who represents some of the property owners
' We've done a thorough investigation of the properties. Our appraiser has done his work.
We're comfortable in the numbers'
- Ken Dzogan, the Crown Lands and Property Agency's former land- acquisition officer
BORIS MINKEVICH / WINNIPEG FREE PRESS ARCHIVES
The $ 212- million highway for CentrePort has forced the province to expropriate a total of 31 parcels of land, and the cash for settlements is looking like it will fall short.
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