Kenneth Brown
of The Clarion
The town’s elected officials have resolved to start a process to expropriate land on the northeast edge of Kindersley in order to address drainage concerns.
Council members passed a resolution at a meeting on June 11 to acquire land at the civic addresses of 701 13th Avenue East and 705 13th Avenue East, or to acquire an interest over the land, and to proceed under the provisions of the Municipal Expropriation Act.
The land is located north of the Suburban Extended Stay Hotel. The resolution states that the land is being acquired for the purpose of implementing flood mitigation strategies on the land such as building a storm water retention pond. The current owner of the land is Camoloy Investments Ltd. (Camoloy).
Mayor Rod Perkins read the resolution to council and he pointed out that steps are being taken to expropriate the land because the town has been unable to acquire the land by coming to an agreement with the landowner.
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Bernie Morton, the town’s chief administrative officer (CAO), said the lands in question are currently under water and they are important lands to the municipality for flood mitigation in the northeast corner of town. The land is occupied by bulrushes and birds, he explained.
The CAO noted that AECOM, the town’s engineer of record, assisted with a plan to develop a flood mitigation strategy and the Camoloy land is part of the strategy. He told council that expropriation is a bold option for any government.
“Expropriation is not a tool that municipalities or any government enters into lightly,” Morton said, recognizing the municipality has spent several years trying to negotiate with the landowners and the land is part of a solution. “We believe that we need these lands and perhaps more lands for easements.”
He said the residents of acreages in the northeast corner of town have battled flooding for several years, so it is time to act. The negotiations will continue, but expropriation is a tool to allow the town to acquire those lands through “one means or another.”
Councillor Dean Galbraith said he believes expropriation will get the ball rolling and the town should act to get the flood mitigation plan started. He noted that he hopes the town is able to negotiate a deal for the land before it is expropriated.
“I personally think it’s something we have to do,” Galbraith said, recognizing that he believes the town should have taken steps to acquire the land before now and he hopes for a means to the end for residents in the area.
Perkins said he believes the resolution could help with negotiations because the landowner could receive less money for the land than what the town has already offered if expropriation occurs, so he believes it will force the hand of the owner. Not all council members were in agreement with the idea.
Councillor Gary Becker said he is not in favour of moving forward with expropriation. He noted that negotiations with the landowner have been a challenge, but the new council has been given a mandate to do things differently and the town has been through too many legal battles.
Councillor Elyse Moss said she agrees with Becker and she would like to know the legal costs before proceeding with expropriation. She said there are other options the town could take with respect to flood mitigation, and she would like to explore the options.
“I know I will not be in favour of this until we do a little bit more homework,” she said, adding that the mitigation planned on the property is not going to solve all of the drainage concerns and she supports finding a solution soon as long as it is a good solution. “I think that we just need to be taking a sober second thought and looking at what other options we may not have looked at already.”
Deputy Mayor Shaun Henry said discussions with the landowner have been ongoing since he was first elected to council, and he believes it is time to move forward. He noted that he hopes the resolution is a step toward making progress in the land negotiations and, in his opinion, “we have to do something to help those residents.”
Council continued to discuss the idea and Councillor Randy Ervine, who also supported the resolution, said the acreage development was poorly designed in the first place. Council voted on the resolution and it passed 4-2 with Becker and Moss voting in opposition.
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