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Originally Posted by amor de cosmos
ok I read about some other examples.
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Sounds like the City in each case expropriated "excess" land and then redeveloped it. For TO, sounds like the lands around Davisville Station (adjacent to the rail yard) and Eglinton Station (above the bus loop above the subway station). I'm not sure if those lands would have been truly "excess" lands or not. It would be "easy" to sell off and profit from development rights above a right of way (i.e. TO subway).
The question that would come up would be - what is the scope (extent) of [TransLink's/Province's(?)] right to expropriate for the rapid transit line.
In cases where an entire parcel is required for a station, etc. - it is obvious that the whole parcel must be sold and the infrastructure could be designed in a way so as to allow future redvelopment (i.e. like VanCity over an elevated guideway, or like King Edward Station over a station box.) However, if less than a whole parcel is required, chances are that the interest expropriated would simply be a Statutory Right-of-Way (i.e. a corridor across a parcel granting the right to construct and maintain the guideway and limiting the landowner's use of the area).
Typically, the right to expropriate is limited to areas that are "required" for the project - this would apply to TransLink, but maybe not to the Province (TransLink derives its powers from legislation enacted by the Province, whereas the Province, being the higher power, may not be so limited). i.e. It may be difficult to argue that adjacent property is "required" for a project on a wide scale - it may be feasible where staging areas are required, but I'm not sure if it can be used as the basis for expropriating land for redevelopment (without changes to TransLink's enabling legislation)