Rail injunction denied

by Wayne Moore |  

Jun 1, 2015 / 12:05 pm

   
The Okanagan Indian Band injunction claim on the sale and purchase agreement of the Okanagan Rail Corridor has been dismissed.

The announcement was made in a news release from the City of Kelowna late this morning.        

B.C. Supreme Court Justice Meyers ruled today that the Okanagan Indian Band claim does not meet the three-part test that merits an injunction, rejecting it on the grounds that there would be no “irreparable harm” if the injunction were not granted and that the “balance of convenience” does not weigh in favour of an injunction.

Local governments will proceed on closing the sale and purchase agreement with CN by the end of the day on the understanding that CN has the legal right to sell the land.

“With no injunction in place CN is within its right to sell the corridor lands,” said Doug Gilchrist, Divisional Director Community Planning & Real Estate for the City of Kelowna on behalf of the regional partners.

Local governments respect and support the Okanagan Indian Band in its claim of reversionary rights on land that falls within IR No. 7 and, as such, those parcels have been excluded from the pending agreement with CN.

“Our understanding is that the specific claim over the Commonage reserve was concluded however land claims are ongoing across Canada and the City will respect any final decisions by Canada or the courts,” said Gilchrist. “We hope to continue to work with Okanagan Indian Band for the mutual benefit of all our citizens.”

The municipalities of Kelowna, Lake Country, Coldstream and Vernon, as well as the regional districts of Central Okanagan and North Okanagan, have jointly identified the value the rail line could have as a continuous multi-modal transportation corridor connecting all the communities.

“Once the sale is finalized, we look forward to engaging communities about their vision for the corridor,” said Gilchrist. “We remind residents that while the corridor will be acquired as municipal-owned land it is currently not open for public use.”

Designs, public consultation and operating models will be evaluated for developing the corridor but it may be some time before the route is sufficiently developed and the corridor is open to the public

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BC News Release - BC pledges $7.2 million towards Rail Trail

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Lake Country derails rail

 by Wayne Moore | Story: 133678 - Feb 24, 2015 / 11:57 am 

Residents of Lake Country have said no.

Castanet News has learned voters in Lake Country have said no to a bylaw allowing the municipality to borrow up to $2.6 million to purchase half its share of the defunct CN Rail line.

The bylaw was voted down following a six week Alternative Approval Process.

Taxpayers in Lake Country were being 

asked to approve the purchase, thus adding an additional $27 to the average tax bill.

Official numbers were released shortly after noon.

A total of 960 valid signed petitions were received by the noon deadline Monday.
In order to quash the borrowing bylaw only 10 per cent of the approximately 9,315 eligible voters (931) were required to sign the petition.

The campaign got nasty last week when opponents of the purchase spearheaded a door-to-door and mail out campaign, one which Mayor James Baker said was full of misinformation.
In a counterstrike, Baker sent a letter to local media extolling the virtues of the "once-in-a-lifetime opportunity."

"Some people may ask if we can afford the cost, but the real question to me is: can we afford not to?" stated Baker in his letter.

While the municipality does have options, including a full referendum on the borrowing bylaw, Baker stated the municipality does not have a Plan B.

"If local governments are not successful in purchasing the corridor, it could be sold off in parcels to private interests," added Baker in his plea.

"This could mean losing control of over 16 kilometres of prime, linear real estate in our community, much of it beautiful waterfront that our residents or visitors cannot access now, and most likely never would if sold privately."

Baker has not yet officially commented on the outcome of the AAP.

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Financial details revealed for railway corridor purchase

    by  Richard Rolke - Vernon Morning Star
    posted Dec 9, 2014 at 12:00 PM

There are more details about what it will cost taxpayers to purchase a railway corridor.

Information released Tuesday shows that of the $22 million price tag for the CN line from Kelowna to Coldstream, the Regional District of North Okanagan would be responsible for $1.9 million.

“The expectation is there will be no impact on taxpayers,” said David Sewell, RDNO chief administrative officer.

The funds will come out of a reserve created in 2005 when Greater Vernon residents agreed to borrow $7.5 million for parkland acquisition. About $7 million remains in the account.

“We are already paying interest so there is no incremental impact on taxes,” said Sewell of the CN land deal.

RDNO’s $1.9 million is based on the property value of the corridor within the regional district.

The District of Lake Country’s share is $5.1 million. To minimize the current tax impact to residents, the municipality may seek public approval to borrow up to 50 per cent of the amount.

“That is a possibility but council has to discuss that further,” said Mayor James Baker, adding that the issue will be considered by council Tuesday and the district may seek to borrow the entire cost.

Lake Country has also entered into an agreement in which the City of Kelowna would acquire a 50 per cent interest in the land within Lake Country on a temporary basis. This would reduce the immediate cost to Lake Country it purchases the share back from Kelowna.

“It makes it a little easier for our tax burden initially,” said Baker.

Kelowna staff supports the deal with lake Country.

“The arrangement alleviates the debt load for the District of Lake Country’s residents, protects the opportunity of all the jurisdictions to finalize the deal with CN and preserves the corridor as a continuous route physically connecting the communities of the central and north Okanagan with no current tax impact for Kelowna residents,” said Doug Gilchrist, divisional director community planning and real estate for the City of Kelowna.

Beyond its assistance to Lake Country, Kelowna estimates its share of the purchase price at $7.6 million. It would be funded from reserves and interim financing with no additional tax increase needed.

All of the participating jurisdictions are also looking at ways to raise the remaining $7.3 million of the agreement purchase amount through grants and partnerships before the due diligence process for purchase ends.

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Deal Reached with CN!

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