The British Columbia Court of Appeal’s ruling which upholds a bylaw designating the Canadian Pacific Railway’s Arbutus lands for public use without acquisition or
agreement with the landowner sets a dangerous precedent for all BC private land holders.
UDI Executive Director, Maureen Enser, said the bylaw sends an extremely negative message to individual property owners, and to the business and investment community.
“The court did not say that the City should pass this bylaw, it said the City had the power to pass the bylaw. Indeed in her reasons, Madam Justice Southin noted another case where a judge said he was ‘obliged to avert his nostrils’ about the result the law had lead him to, and added that toher ‘this is such a case.’
“The approach the bylaw takes discourages business confidence in Vancouver by grossly disrespecting the rights and interests of property owne rs and investors. The real issue is treating property owners and citizens fairly, rather than stripping away their rights.”
Enser said that the UDI is glad that the property owner is seeking to appeal the ruling, but added that, “There are larger issues here. The Court’s reasoning could apply to any property owner, large or small. There is an absence of checks and balances in the Vancouver Charter and the new Community Charter.”
“Landowners and investors need assurance that their interests are not at risk and that Councils are willing to facilitate rather than discourage business investment,” said Enser. “If a City wants private land reserved for public use, it should be negotiating with the landowner.”
“The fact that the Court has held that the City had the power to pass the bylaw it did, and the City’s exercise of that power, sends a terrible message to all citizens, property owners and potential investors.”
“UDI wholeheartedly agrees with Madam Justice Southin’s comment that the present situation, ‘is an absurdity unworthy of this Province which, on the way to the 2010 Olympic Games is asserting to all and sundry that it is a marvelous place.’ The issue of checks and balances simply must be addressed.”
The Urban Development Institute is a non-profit association of the real estate development industry which promotes wise and efficient land use, good planning and good development practices. Its members’ activities span residential, commercial and industrial projects and contribute more than $16 billion and 200,000 jobs to the provincial economy.
