Man says city land-grab unnecessary for project
Winnipeg Sun
Monday, April 25, 2005
By ROSS ROMANIUK, CITY HALL REPORTER
Ken Lee is finding out you can't fight city hall. Lee could be forced this week to sell a sizable chunk of his yard at McCreary Road and Wilkes Avenue to the city, which is pressing ahead with an expropriation of two private property owners to make way for its Kenaston Boulevard underpass.
Lee said the city has no reason to force him to sell a large chunk of his yard at McCreary Road and Wilkes Avenue, about three kilometres west of the planned underpass site -- especially now that an independent lawyer has ruled the buyout isn't necessary for the $44-million project.
ONLY AN 'OPINION'
"They'll look like pigs -- if they do something like that, they'll look horrible," Lee said of councillors, who are expected to vote Wednesday to continue the expropriation.
"There's nothing right about that if they don't really need it."
But Coun. Jae Eadie said the decision of the provincial inquiry officer, released a week ago, is only "an opinion" that the city won't follow as it assembles roadworks and drainage for underpass construction to begin this year.
"Our administration begs to differ, because we need some road widening opportunities," Eadie (St. James-Brooklands) told The Sun.
"Otherwise we're going to have severe traffic backup. It allows for turning movements and things like that."
The private lawyer was appointed to rule in the inquiry, which was held under Manitoba's Expropriation Act -- a necessary hearing when snags arise in such property settlements. Nine parcels owned by various people or firms were examined by the inquiry weeks ago.
The attorney ruled two of those parcels -- sections of properties owned by Lee and Teske's Equestrian Centre nearby -- are not crucial to the underpass, which will funnel traffic beneath a Canadian National rail line.
The city, however, has a right under the legislation to ignore the ruling and push ahead toward a forced purchase.
"Council has to give reasons for expropriating those two parcels," said city lawyer James Carter. "They'll do it at the meeting this coming Wednesday."
Mayor Sam Katz refused to comment.
Lee said the city's insistence has more to do with bureaucrats "having their noses out of joint" by his fight after their offer of about $15,000 for two pieces of his yard was refused.
The provincial hearing did not examine possible prices for the properties. Dollar figures remain negotiable and could go to Manitoba's Land Value Appraisal Commission to decide.
An owner of the Teske riding academy was unavailable for comment.
The equestrian centre had been slated to receive $25,000 for little more than 1.5 acres.
The academy has told the city, according to a report, that a loss of any of its property would hurt its business.