I have been involved in property rights for the last decade and a half. Through the Alberta Property Rights Institute doing business as the Alberta Property Rights Initiative, (www.apri.ca) we undertook to forward a Property Rights Preservation Bill and it is still being considered. We were invited to appear before government policy committees, subsequent Ministers and MLAs. Through four years of advising government, there were two stalwarts to our cause, Evan Berger and Ted Morton. We reviewed the Surface Rights Act and the Expropriation Act, and in 2008 after four months we put our work on the respective desks of those who asked for it. An election was called so we didn’t hold much hope for results. In 2009 the Surface Rights Act was amended. It is noted that Proprietary Interest is recognised on Crown Lease Land. APRI continues to advise that, as the Alberta Government legislates and deliberates on issues concerning real property, the Provincial government must apply the principle that when the public gains interest over the interest of the property holder, compensation is an obliged component. ALSA is indeed an anomaly in Canadian Law. It actually provides for compensation.
The Land Assembly Project Area Act (2009) provided for acquisition of land for transportation corridors on behalf of the public; market value acquisition with a means to negotiate settlement and the ability to lease back the purchased property until such time as the project was to be undertaken. A two year limitation for action is offered and after that the lands can be reverted back to the original owner.
Throughout these documents ‘Compensation’ is front and centre. Read them. They are on the public record for a reason. Don’t take anyone’s here-say for granted. Read 36 to 42 of ALSA. Tell me what it says to you.
I hope that history doesn’t show, that Albertan’s had an opportunity to entrench protection of their interests in property within their Legislated Acts and turned it down.
Neil E Wilson
Nanton, Alberta.
March 10, 2011
Note to the reader: My positions on these legislations are not meant to diminish the ongoing discussion over the issues over the proprietary interests of property and are the result of my interpretation alone.
