The City of Yorkton is a step closer to acquiring a parcel of land integral in its drainage plan.
However, that step is one not particularly palatable to Council as it would ultimately lead to the expropriation of the land.
“The City has been pursuing the purchase of a 3.36 acre portion of 265 York Road West in order to protect an existing drainage ditch. After several years of on-again, off-again negotiations, we have not been able to reach an agreement,” explained Michael Eger Director of Planning, Building & Development, with the City at the regular meeting of Council.
On July 13, 2020, after an in-camera update from the Director of Planning, Building & Development, Council resolved: That Council direct Administration to bring a report to the Council meeting of August 10, 2020 regarding drainage issues on a portion of 265 York Road West.
“Following Council direction, the City Manager re-engaged the owner for a final attempt to reach mutual terms of purchase. However, the owner seems unwilling to sell only a portion of the lands, and is instead holding firm on an offer to sell the entire 11.76 acre parcel, at a price-per acre that exceeds the most current appraised value,” said Eger.
“The owner was advised that the City is not interested in purchasing additional un-serviced industrial lands, and with no agreement reached, that the City would have no other option than to proceed with expropriation.”
Eger said options have been explored including relocation of the ditch.
“However, the cost to carry out this work will far exceed not only the market value of the 3.36 acre portion of lands where the ditch currently exists, but also the owner’s asking price for the entire 11.76 acre parcel,” he said.
So expropriation was suggested, offered Eger.
“Ultimately, expropriation is a legislated right granted to municipalities to ensure that lands for public utilities remain available at a fair market price. After years of failed negotiations, expropriation is indeed the only remaining option to achieve this objective,” he said.
“Upon receiving the necessary approvals from Council, Administration will work through the City solicitor to gain access to the lands for surveying of the proposed parcel and for maintenance of the ditch. The courts will determine market value of the lands and final compensation paid to the owner.”
However, the unanimous consent of Council to allow for all three readings was quickly dead in the water.
Councillor Ken Chyz made it clear from the start of discussions he hoped a delay in passing the motion to proceed might allow for a last ditch deal, adding he would “not support” the passage Monday.
In the end both Chyz, and Coun. Mitch Hippsley sat opposed to the passage of the first and second reading as well.
Hippsley questioned what appraisals had been done on the land?
Eger said the City has had three done over the years, all by the same firm, and the owner at least one.
Chyz then questioned whether paying court and lawyer costs was the best option, or to simply put those undetermined dollars into a better offer to the land owner?
“At this point in time we’re too far apart,” said City Manager Lonnie Kaal. “... We’re just too far apart on the price.”
Coun. Randy Goulden asked how important the ditch was to the City’s drainage plans?
In terms of moving water from the west side of the city, including the fairgrounds, Deer Park, the City Camp Grounds, Pattison Ag and other areas it is crucial offered Eger, adding “relocating is very big dollars” when looking at a key drainage ditch.
Mayor Bob Maloney said while expropriation is not desired it is sometimes the only option.
“I regret a deal couldn’t be made ... but I will be supporting this,” he said.
First and second readings were passed, and it will return to Council in two weeks for third reading. Kaal did note that in the interim two weeks she will reach out to the landowner in hopes of a deal being reached without the courts.
