Saanich has paved the way for the potential expropriation of properties on busy roads for improved pedestrian and bike lanes if agreements cannot be reached with property owners.
At the Jan. 6 council meeting, all but one councillor approved launching expropriation procedures for two target areas: a section just short of 50 square metres of 2543 Richmond Rd. at the Richmond Road and Haultain Street intersection, and nearly 430 square metres of several commercially owned plots at the Shelbourne Street and Cedar Hill Cross Road intersection.
Staff reports noted that the district has been in ongoing discussions with property owners for several months to broker a deal. However, the clock is ticking and agreements must be reached by May 1 to avoid construction delays.
Mayor Dean Murdock confirmed in an interview that the talks with the Shelbourne properties are going well. However, the Richmond report noted that staff “have been unsuccessful” with negotiations to date.
In both cases, Murdock remains optimistic that a resolution satisfying both parties will be reached soon. He added that expropriation is "always an extraordinary final step."
“We're very likely to see negotiated agreements occur in most cases and it is always our aim to have all parties come to an agreement as the path forward. Expropriation is really a back-pocket option that would serve as a last resort.”
Following the expropriation approvals, district staff will send out further notices to the targeted owners, containing pre-determined compensation payments with a copy of the property’s appraisal, before completing the legal transfer of ownership to Saanich.
The owner will have one year from the date of Saanich’s offer of compensation to decide whether they are satisfied, or whether they wish to pursue a legal claim for additional compensation in the B.C. Supreme Court.
The anticipated costs for the land acquisitions have been included in the construction budget of the respective road improvement projects.
Sharing Murdock's perspective, Coun. Colin Plant stressed that council takes expropriation cases "very seriously" and assured that “fair market value” is provided to property owners should expropriation become necessary.
“This is not something where the municipality is acting in a way that's not in good faith. Let's hope we don't have to go down this path, but I do support these efforts… to make our streets safer.”
Plant noted that the two road improvement projects are not "brand new" but long-standing enterprises that have now entered a critical phase.
“This is an initiative that's been in the works for probably a decade,” said Plant. “But I also wish all parties success in coming to a mutually agreed upon resolution.”
Coun. Teale Phelps Bondaroff offered his support for the two projects, voicing a particular interest in the Shelbourne initiatives set to introduce a protected intersection, also known as Dutch-style junctions, to increase pedestrian and cyclist safety.
“This is an important section of a very important part of [a] cycling network which is going to keep our folks safe,” Bondaroff said.
