Assessment Review Board
Commission de révision de l’évaluation foncière
ISSUE DATE: July 29, 2020
Assessed Person(s): Charlene Elizabeth Bell
Appellant(s): Charlene Bell, Alexandra Trail and Ian Trail
Respondent(s): Municipal Property Assessment Corporation Region 06
Respondent(s): Township of Alnwick/Haldimand
Property Location(s): Concession 7 Part Lot 9
Municipality(ies): Township of Alnwick/Haldimand
Roll Number(s): 1450-116-070-05300-0000
Appeal Number(s): 3386778 and 3397966
Taxation Year(s): 2019 and 2020
Hearing Event No.: 730005
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31
| Parties | Representative |
|---|---|
| Charlene Elizabeth Bell, Alexandra Trail, Ian Trail | Ian Trail |
| Municipal Property Assessment Corporation | Sarah Moll – Advocate Terri-Lyn Wright – Valuations Officer |
| Township of Alnwick/Haldimand | No one appeared |
HEARD: April 15, 16 and 20, 2020 by telephone conference call
ADJUDICATOR(S): Anthony LaRegina, Member
DECISION
OVERVIEW
1Ian Trail and Alexandra Trail (the “Appellants”), son-in-law and daughter of Charlene Elizabeth Bell, the owner of the Subject Property, filed an appeal for the 2019 taxation year with the Assessment Review Board (the “Board”). Pursuant to s. 40(26) of the Assessment Act, R.S.O. 1990, c, A.31 (the “Act”), the Appellants are deemed to have brought the same appeal in respect of the 2020 taxation year. It is the Appellants’ position that the Municipal Property Assessment Corporation’s (“MPAC”) current value assessments of $231,000 and $218,000 are too high and that the correct current value should be $49,005 for both 2019 and 2020. At this hearing, MPAC takes the position that the correct current value should be reduced from $231,000 to $115,000 for the 2019 taxation year and reduced from $218,000 to $115,000 for the 2020 taxation year.
2MPAC takes the position that an equitable reduction is not required. The Appellants did not assert that an equitable reduction is required and presented no evidence in support of an equity argument. Therefore, in this proceeding, this ground for appeal is not in issue.
3The Appellants have taken the position that the soil of the Subject Property should be classified as a Class 6 soil while MPAC has taken the position that 43.4 acres of this property should be classified as a Class 4 soil and the remaining 6.6 acres as Class 5. On behalf of the Appellants, Mr. Trail submits that the difference in soil classification impacts the current value of the property. Mr. Trail is currently the tenant farmer on the Subject Property.
4Pursuant to s. 40(11) of the Act, the Township of Alnwick/Haldimand (“Township”) is a party to this proceeding. No one appeared at the hearing on behalf of the Township and no evidence was submitted on its behalf.
Preliminary Matters – Qualification of Expert Witness
5Mr. Trail objected to Terri-Lyn Wright, Valuations Officer for MPAC, being sworn-in as an expert witness because she is not a pedologist and therefore, does not have a good understanding of soil science, specifically regarding the limitation of pontypool sands, which is the soil type of the Subject Property. Mr. Trail also submitted that Ms. Wright is an MPAC employee and therefore, is not independent of MPAC.
6Ms. Wright presented her credentials as a valuation expert with extensive experience in Farm Property Valuation and not as a soil expert. Ms. Wright has been employed with MPAC since 1989 and has extensive experience specializing in the appraisal and valuation of farm property. Ms. Wright is also a farmer and owns farm property in the same area as the Subject Property and assists her family in farming the properties they own. Ms. Wright also filed an acknowledgment of expert witness confirming that her duty is to the Board.
7Ms. Wright was sworn in as an expert witness with expertise in the valuation of farm properties.
Areas of Agreement
8The classification of the property was also at issue but was settled by the parties in advance of the hearing. The classification for the 2019 taxation year was returned for the entire property as Farm Full and for the 2020 taxation year was returned at $16,000 Residential Full and $202,000 as Farm Full. The classification for the entire property was settled as Farm Full (FL FT) for both 2019 and 2020.
Issues for the Hearing
9The issue in this proceeding is to determine the correct current value of the Subject Property.
10A further issue is to determine the soil classification of the Subject Property.
Result
11The Board finds that the correct current value for the 2019 and 2020 taxation years is $115,000.
12The Board reduces the 2019 assessment from $231,000 to $115,000 and the 2020 assessment from $218,000 to $115,000.
13The Board changes the soil classification on 43.4 acres from Class 3 to Class 4 soil and changes the remaining 6.6 acres from Class 3 to Class 5 soil.
14The Board confirms the classification of the entire farm property as Farm Full (FL FT) for both the 2019 and 2020 taxation years as agreed to by the parties.
ANALYSIS
Description of Subject Property
15The Subject Property is located at Concession 7 Part Lot 9 in the Township of Alnwick/Haldimand in Northumberland County, which is part of the Oak Ridges Moraine and therefore, subject to the Oak Ridges Moraine Conservation Plan. The Subject Property has a site area of 50 acres with 43.4 acres currently cultivated to produce hay to feed livestock; and the remaining 6.6 acres are forest and are not put to any other use other than farming purposes. MPAC has classified the soil of the cultivated portion as Class 4 soil and the remaining 6.6 acres as Class 5 and agrees with the Appellants that the soil is of the pontypool sand series. The property is classified as Farm Full (FL FT) with a 2019 returned assessed value of $231,000 and a 2020 returned assessed value of $218,000 of which $202,000 is classified as Farm Full and $16,000 as Residential. The Subject Property has no direct road access but does have a road allowance on the west side of the property. The Subject Property is classified as only having summer or seasonal access.
Issue – Current Value
16The issue to be determined on this appeal is the correct current value of the Subject Property for the 2019 and 2020 taxation years. Pursuant to s. 19(1) of the Act, the assessment of land shall be based on its current value. The Act also provides that, for the 2017 to 2020 taxation years, MPAC is required to assess this value as of the valuation date, January 1, 2016 (“current value”). As defined in the Act, current value means “in relation to land, the amount of money the fee simple, if unencumbered, would realize if sold at arm’s length by a willing seller to a willing buyer”, which translates into the market value of the Subject Property as of January 1, 2016.
17The Subject Property is farm land used only for farm purposes and therefore, when determining current value, the parties shall also have reference to s. 19(5) of the Act, which states:
For the purposes of determining the current value of farm lands used only for farm purposes by the owner or used only for farm purposes by a tenant of the owner and buildings thereon used solely for farm purposes, including the residence of the owner or tenant and the owner’s or tenant’s employees and their families on the farm lands,
(a) consideration shall be given to the current value of the lands and buildings for farm purposes only;
(b) consideration shall not be given to sales of lands and buildings to persons whose principal occupation is other than farming; and
(c) the minister may, by regulation, define ‘farm lands’ and ‘farm purposes’.
Direct Sales Comparison Approach
18To determine the property value, MPAC has utilized the direct sales comparison approach and submitted into evidence ten sales of proposed comparable properties coded 200 which are farm properties without any buildings or structures. Ms. Wright testified that all ten proposed comparable property sales are in compliance with s. 19(5) of the Act in that they are farmer-to-farmer land sales and the properties continued to be used as farm properties for farm purposes after the sales. These properties sold between 2008 and 2013 in the vicinity of the Subject Property and are shown in Attachment 1 to this decision.
19Ms. Wright conducted an analysis of mean time-adjusted sale value per acre for; all ten proposed comparable properties, the six closest properties to the Subject Property, the four properties most similar in size to the Subject Property and the best comparable property based on soil classification to the Subject Property. The values are as follows:
| Subject Property | All Properties | Closest Properties distance (km) (Property 1-6) | Closest Properties (acres) (Property 1, 5, 9, 10) | Best Comparable Property 7 | |
|---|---|---|---|---|---|
| Mean Time-Adjusted/Acre ($) | $3,565 | 3,290 | 4,411 | ||
| Mean Acreage | 96 | 107 | 58 | 100 | |
| Acreage Range | 40.93 to 150 | 58.9 to 150 | 40.93 to 72 | ||
| MPAC Recommended Assessment ($)/Acre | 2,300 | ||||
| Time-Adjusted sale value/Acre ($) | 2,481 | ||||
| Actual sale value/Acre ($) | 2,000 |
20Utilizing the proposed comparable sales MPAC established a time-adjusted sale value per acre by soil classification:
| Soil Class | Time-Adjusted Sale Value/Acre |
|---|---|
| Soil 1 (based on Sale 9) | $8,121 |
| Soil 2 (based on Sale 8) | $5,415 |
| Soil 3 (based on Sales 1 and 2) | $3,300 |
| Soil 4 (no land sale available) | n/a |
| Soil 5 (based on Sale 7) | $2,481 |
21MPAC submits that the best comparable land sale to the Subject Property is Property 7 because it is the only property that has no road access similar to the Subject Property. The other nine property sales all have year-round road access and, for the most part, have different soil classifications. Property 7 also has 70% or 70 acres of Class 5 soil, and 20% or 20 acres of Class 4 soil. This is the only comparable property to have a mix of Class 4 and Class 5 soils, the same soil classification mix as the Subject Property.
22MPAC submits further that the time-adjusted sale value per acre of Property 7 is $2,481 and that the recommended current value of the Subject Property at $2,300 per acre is a very reasonable current value for the Subject Property. Based on the sale of Property 7 and the descending values by soil class, MPAC submits that the current value of the Subject Property should be $115,000 based on $2,300 per acre which also reflects the land value used in the 0609 economic neighborhood.
23MPAC introduced a Sales Ratio Time Analysis (“SRTA”) to determine appropriate time adjustment factors for the sale values of comparable property sales over time. The study includes 557 sales of vacant or improved land from the Subject Property’s neighbourhood and adjacent areas from January 2012 to December 2015. The analysis showed an increase in value of 41.95% over a 48-month period.
24MPAC pointed out that six of the ten proposed comparable property sales used in support of current value were properties which sold before 2012. The time adjustment factors to those properties with sales dating back to 2008 were determined using MPAC’s time adjustment factors from its model. These time adjustment factors were applied to the sale values of Properties 1, 2, 4, 5, 9 and 10.
25During cross-examination Mr. Trail indicated that ten of the 557 properties used in the SRTA are anomalies and possible outliers; he asked Ms. Wright to consider whether these ten properties could skew the SRTA analysis. Ms. Wright returned the following day indicating that she reviewed these properties and concluded that excluding them would have only a minor impact on the analysis, considering the study has a total of 557 property sales. Furthermore, Ms. Wright submitted that it was well established that farm land value had risen 60% over the same period and that the 42% being applied by MPAC during this period is very reasonable in comparison.
26The Appellants did not submit any comparable sales evidence in support of a current value for the Subject Property. The Appellants’ case focused on challenging the soil classification attempting to show that the Subject Property should be classified as Class 6 soil as opposed to Class 4 and 5 soils and then applying the cost approach to determine the current value.
Issue - Soil Classification
27Ms. Wright presented MPAC’s soil classification point system that was utilized by the assessment authority in the late 1960s and early 1970s to classify soil. According to Ms. Wright, when the responsibility for property assessment was transferred from municipalities to the Province of Ontario’s Ministry of Revenue, each farm property was inspected and rated by the assessment authority in conjunction with the owner/farmer on the property. In this case the Subject Property was returned with 50 acres as Class 3 soil. As a result of discussion with Mr. Trail and a review of the evidence in advance of the hearing, MPAC agreed to revise the 50 acres from fully Class 3 to 43.4 acres of Class 4 soil and 6.6 acres of Class 5 soil. Mr. Trail was not satisfied claiming the entire property should be Class 6 soil.
28MPAC’s soil classification point system for the Subject Property yielded the following scores based on the evidence presented by MPAC and the Appellants:
| Range | MPAC (43.4 Acre) | MPAC (6.6 Acre) | Appellant (50 Acres) | |
|---|---|---|---|---|
| Soil Texture | 10 to 20 | 15 | 15 | 20 |
| Topography | 0 to 65 | 10 | 15 | 25 |
| Stoniness | 0 to 40 | 5 | 10 | 10 |
| Drainage | 0 to 40 | 15 | 20 | 25 |
| Flooding | 0 to 30 | 0 | 0 | 0 |
| Erosion | 0 to 20 | 10 | 10 | 15 |
| Depth of Bedrock | 0 to 65 | 0 | 0 | 0 |
| Total Soil Points | 55 | 70 | 95 | |
| Classification Score (100 - Soil Points) | 45 | 30 | 5 |
29MPAC’s Mineral Soil Class table below shows that MPAC’s evidence resulting in 45 and 30 points respectively, falls at the mid-range of Class 4 and Class 5 soils while the Appellants’ 5 points result is in the lower end of the Class 6 range.
| Mineral Soil Class | Description | Points |
|---|---|---|
| 1 | This land has good drainage; good loam texture; and is nearly level. No physical limitations to a high level of farm production exist. | 95-85 |
| 2 | This land is subject to moderate limitations in use for farm crop production. These limitations may be drainage, rolling topography, moderate erosion, moderate stoniness, or a combination of two or more factors. | 80-70 |
| 3 | Similar limitations to those of Class 2 above only to a greater extent. This land has moderately severe limitations that restrict the range of crops or may require some development or management practices. | 65-55 |
| 4 | This land is subject to severe limitations for use in farm crop production such as: too susceptible to erosion, too stony, or too poorly drained to be cultivated frequently. | 50-40 |
| 5 | This land is generally unsuited for cultivation, but can be used for grazing. It is subject to similar but more severe limitations than those of Class 4. | 35-25 |
| 6 | This land should be kept in vegetation because of steepness of slope, severe erosion, shallow soil, or other features that make cultivation impractical. This land is capable of producing only indigenous crops and is suitable for moderate grazing. | 0-20 |
30MPAC established the classification of soil on the Subject Property from a combination of the previous scoring that was on file, a desk inspection using digital imagery produced from the Agricultural Mapping Service as well as further discussion with the Appellants and a review of their evidence. Ms. Wright concludes in her assessment that the Subject Property is Class 4 and 5 soils which is substantially being cultivated and not a Class 6 soil which she characterizes as “garbage or the poorest quality land which, for the most part, cannot be cultivated and only used for grazing”.
31The Appellants agree with MPAC’s point score for flooding and depth to bedrock; they do not agree with the score for soil texture, topography, stoniness, drainage and erosion.
Soil Texture
32The classification range for soil texture is between 10 and 20 points. The Appellants argue that the soil texture should be at the top of the range or 20 points and not 15 as per MPAC’s rating. Mr. Trail submits that the property is made up of pontypool sand which is poorly suited for agriculture due to its course texture and naturally low fertility. This, he claims, is supported by the low crop yield for hay as compared to other soils in the Northumberland County area. Mr. Trail asserted that his property from 2014 to 2018 produced 0.43 metric tons per acre of hay as compared to the five-year average hay crop yield of 2.22 tons per acre for all other farm lands in Northumberland County.
Topography
33The classification range for topography is between 0 and 65 points. The Appellants argue that topography for the Subject Property should be rated at 25, while MPAC has taken the position that the cultivated portion of 43.4 acres is rated at 10 and the forested area of 6.6 acres is rated at 15. Mr. Trail submits that according to the Ontario Ministry of Agriculture, Food and Rural Affairs (“OMAFRA”) soil mapping the pontypool sand in the vicinity of the Subject Property has a mean slope classification of Class F, which means a slope of 22.5% and an associated slope range of 15 to 30%. Mr. Trail asserts that this is indicative of complex slopes with steep ridges, as compared to MPAC’s assertion that these are rolling ridges, and therefore should be rated at 25 points. Mr. Trail submits that this property is entirely covered with Category 1 Landform Conservation Area categories which represent much more complex land formations and steep slopes greater than 25% deserving of an additional 5 points versus the other properties under appeal. In cross-examination, Sarah Moll, MPAC’s advocate, points out, and Mr. Trail agrees, that anything up to a 30% slope range can also be indicative of Class 4 or Class 5 soil.
Stoniness
34The classification range for stoniness is 0 to 40 points. MPAC has rated it 5 points for the cultivated area citing that this area is slightly stony and 10 for the forested area which is moderately stony. Mr. Trail submits that he does not understand how MPAC can rate the stoniness from a digital aerial photograph without visiting the property. Mr. Trail presented photographs of stones which he gathered from the Subject Property and therefore requests that stoniness be rated as 10 for the entire property.
Drainage
35The classification range for drainage is 0 to 40 points. The Appellants have rated drainage at 25 and MPAC has rated drainage 15 and 20. Mr. Trail submits that the drainage of pontypool sand is rapid and therefore, should be 25 points. Mr. Trail submits that OMAFRA mapping classifies the drainage in this area as R-rapid which is in line with MPAC’s rating for drainage but MPAC’s definition of drainage is different from OMAFRA’s definition of drainage.
36MPAC’s definition is “Drainage refers to the ease of movement of water and air in the soil or to the height of the water table” whereas OMAFRA’s definition is “Soil drainage refers to the frequency and duration of periods during which the soil is free of saturation”. Mr. Trail argues that OMAFRA’s hydrological soil group classification A would yield 25 points under the MPAC soil classification system for rapid drainage.
Erosion
37The MPAC point range for erosion is between 0 and 20. While MPAC has rated it as 10 points, the Appellants argue that the rating should be 15 citing moderately severe erosion. Once again, Mr. Trail refers to the OMAFRA mapping indicating soil capability subclassification ‘M’ and ‘T’ to the pontypool sand are associated with the properties in the vicinity of the Subject Property. Mr. Trail submits that during cultivation he has observed that there is little to no top soil on the Subject Property. The cultivated layer is primarily a sandy soil that Mr. Trail claims is consistent with MPAC’s description of severe erosion which, in his opinion, should be rated at 15 points.
38The Appellants’ total score for the Subject Property is 95 points, based on their opinion of the soil characteristics using the MPAC soil classification point system. This leaves 5 remaining points which indicates that the Subject Property should be classified as Class 6 soil.
39Mr. Trail submits that the value per acre attributed to Class 6 soil in the 0609 economic farm neighbourhood area is $1,000. Utilizing the cost approach to value he determines the value of the entire property by applying $1,000 per acre to 50 acres to get $50,000 and then adds $2,000 or 4% for size adjustment. This increases the value to $52,000. Mr. Trail also applies a negative adjustment of $2,995, which represents 2.88 acres for forest exemption under s. 3.19 of the Act bringing the assessed value of the Subject Property to $49,005 based on a Class 6 soil.
Findings on Soil Classification
40The Board has reviewed the evidence and determined that the point ratings submitted by MPAC and the Appellants regarding soil texture, topography, stoniness, drainage and erosion are all very close. The Appellants did substantial research in each of these areas and in the end made a subjective opinion of the rating for each of these categories. While the Board understands that Mr. Trail is a farmer with many years of experience, he himself admitted that he is not a soil scientist. Both MPAC and the Appellants asserted that “soil capability for agriculture cannot be determined by the vegetation on the soil” but rather the soil itself. The Board sees this as a subject of expert opinion in relation to soil sciences for which admittedly neither Mr. Trail nor Ms. Wright have the appropriate qualification.
41While the Board has reviewed the Appellants’ evidence supporting a Class 6 soil which, according to OMAFRA and MPAC, is the poorest soil that does not lend itself to cultivation and the use of farm equipment, it is quite clear from Mr. Trail’s testimony and the digital imagery provided by MPAC, that the majority of the subject property is being cultivated with hay production and the use of farm equipment.
42Mr. Trail spoke to low crop yield and poor soil conditions to further support a Class 6 soil on the Subject Property. In this case, Mr. Trail harvested 0.43 tons per acre between 2014 and 2018 on 43.4 acres. Mr. Trail then compared this yield to the five-year average crop yield of 2.22 tons per acre for all farm properties in Northumberland County. The fact that we do not know the crop yield for Class 4 soil in Northumberland County makes it difficult to compare crop yield between the Subject Property and average crop production per acre over a five-year period for all farm property and soil classes in Northumberland County. Mr. Trail also submitted average crop yields for all lands in Ontario with soil Classes 4 and 5 combined in one category, again this does not address Class 4 soil crop yields in Northumberland County.
43Mr. Trail also provided OMAFRA maps showing that the Subject Property is labelled as Class 6MT soil but MPAC questioned the credibility of the maps pointing out the maps are from the OMAFRA website which allows the user to edit the maps to their needs. Furthermore, according to Mr. Trail’s evidence, as pointed out by Ms. Moll in cross-examination, OMAFRA describes Class 6 soil as:
unsuited for cultivation, but are capable of use for unimproved permanent pasture. These soils may provide some sustained grazing for farm animals, but the limitations are so severe that improvement through the use of farm machinery is impractical.
It is clear from the evidence that Mr. Trail is cultivating these lands using farm machinery and producing hay for the purposes of feeding his livestock on other farm operations which he owns.
44Both parties agree that the Subject Property has pontypool soils. Ms. Moll pointed out that on page 35 in the publication “The Soils of Northumberland County” submitted into evidence by the Appellants, it clearly states that “Pontypool soils occur mainly in Haldimand Township” and “50% of the areas mapped as Pontypool are class 6 for agriculture and the remaining 50% are class 4”.
45Mr. Trail has done substantial research in relation to soil classes, produced OMAFRA mapping of the soils in the area and Ms. Wright produced digital imaging and agricultural mapping of the area all of which point to the fact that parts of the Subject Property are being cultivated. The Board notes that there has been no on-site joint inspections and little site-specific evidence to tie the soil conditions of the Subject Property to the definitions, mapping and other documentation provided in evidence by both parties. The Appellants submit that the soil classification is Class 6. MPAC submits that the soil classification is Class 4 and Class 5 and furthermore, that all sales within 16 kilometres of the Subject Property are also classified as Class 4 or 5 and no Class 6 land sales exist in the vicinity.
46The Board concludes that there has been insufficient evidence specific to the Subject Property to warrant a soil classification change to Class 6 soil. In fact, as per the evidence provided by both parties, the land is clearly being cultivated using farm equipment to produce hay, which is more indicative of Class 4 and 5 soils as opposed to a Class 6 soil. The Board will therefore change the soil classification for 43.4 acres from Class 3 to Class 4 soil and change the remaining 6.6 acres from Class 3 to Class 5 soil.
Findings on Current Value
47In accordance with s. 44(3)(a) of the Act, the Board is to determine “the current value of the land”. Section 1 of the Act defines current value as “the amount of money the fee simple, if unencumbered, would realize if sold at arm’s length by a willing seller to a willing buyer”.
48For the 2019 and 2020 taxation years, the Board must determine what the Subject Property would have sold for in an arm’s length transaction on the January 1, 2016 valuation day set by s. 19.2(1) of the Act.
49MPAC has chosen the direct sales comparison method which has the advantage of being a market driven approach to establish the current value of any given property, and, therefore, in this case, the Board will rely on this method in conjunction with MPAC’s Methodology Guide for valuing farm property to determine the correct current value of the Subject Property.
50The Board has reviewed all ten proposed comparable sales submitted into evidence by MPAC and agrees with MPAC that Sale 7, which sold in July 2013, is the best comparable property and most similar to the Subject Property. This property has 20 acres of Class 4 soil, 10 acres of Class 2 soil and 70 acres of Class 5 soil and therefore, is very similar to the Subject Property which has both Class 4 and Class 5 soils. Comparable Property 7 has no road access while the Subject Property has seasonal road access and a road allowance. Therefore, from a practical standpoint, the Subject Property has no road access similar to comparable Property 7.
51When analysing the time-adjusted value per acre by soil classification, it is evident from MPAC’s comparable sales that there is a sliding scale with soil Class 1 being the highest quality soil at $8,121 per acre and soil Class 5 at $2,481 per acre being the lowest of the submitted comparable property sales.
52MPAC ‘s proposed assessed value per acre of the Subject Property, based on $115,000 is $2,300. This is in line with MPAC’s valuation per acre for the 0609 economic farm neighbourhood which has Class 5 soil valued at $1,775 per acre and Class 4 soil at $2,400 with the adjustment for size and forest exemption. MPAC’s valuation per economic farm neighbourhood is part of its model for establishing valuation of farm properties. The values established for each soil class are based on market sales of farm properties with similar soil classes in the entire 0609 market. The benefit of the ten proposed comparable property sales and specifically, the sale of Property 7, the best comparable property, is that they assist the Board in determining if the current value of the subject property is in line with similar properties sold in the vicinity of the Subject Property.
53Based on the evidence before me, I believe the most likely market value of the Subject Property, based on a Class 4 and 5 soil classification, is between $2,300 per acre at the bottom of the range and $2,481 per acre at the top of the range which was established using the time-adjusted sale value of Property 7. Property 7 is slightly superior to the Subject Property because 10 acres of Property 7 consist of Class 2 soil which is superior to the Class 4 and 5 soils of the Subject Property. I therefore agree with MPAC and conclude that the Subject Property would likely sell closer to the bottom end of the range or $2,300 per acre. This value of $2,300 per acre is coincidentally also between $2,000 and $2,481 which is the range between the actual and the time-adjusted sale price per acre of comparable Property 7.
CONCLUSION
54The Board finds the correct current value of the Subject Property, as of the January 1, 2016 valuation date, is $115,000 based on $2,300 per acre.
ORDER
55The Board orders that the assessment of the Subject Property for the 2019 taxation year is reduced from $231,000 to $115,000 and the classification is confirmed as Farm Full. For the 2020 taxation year, the assessment is reduced from $218,000 to $115,000 and the classification is changed from a combination of Farm Full and Residential Full to Farm Full for the entire property.
“Anthony LaRegina”
ANTHONY LaREGINA MEMBER
Assessment Review Board A constituent tribunal of Tribunals Ontario Website: www.arb.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
ATTACHMENT 1
MPAC’S PROPOSED PROPERTIES AND SALES INFORMATION
| Subject Property | Property 1 | Property 2 | Property 3 | |
|---|---|---|---|---|
| Roll Number | 1450-116-070-05300 | 1411-011-050-21701 | 1450-116-050-08200 | 1411-011-050-19902 |
| Address | 0 | 0 | 0 | TAIT RD |
| Neighbourhood | F047 – 609 | F031 - 609 | F047 - 609 | F031 - 609 |
| Property Code & Desc. | (260) Vacant Residential/Commercial/ Industrial Land Owned by A Non-Farmer with A Portion Being Farmed | (200) Farm Property Without Any Buildings/Structures | (200) Farm Property Without Any Buildings/Structures | (200) Farm Property Without Any Buildings/Structures |
| Distance in km | 3.7673 | 4.5417 | 4.8192 | |
| Valuation | ||||
| Current Value Assessment | $115,000 (proposed) | $246,000 | $597,000 | $563,000 |
| CVA / acre | $2,300 (proposed) | $4,173 | $4,295 | $4,481 |
| Sale | ||||
| Sale Date | 2011-11-29 | 2009-01-09 | 2013-04-05 | |
| Sale Amount | $130,000 | $240,000 | $360,000 | |
| Time Adjusted Sale Amount | $201,809 | $431,884 | $459,572 | |
| TAS / acre | $3,423 | $3,107 | $3,658 | |
| Site | ||||
| Actual Site Area (Acres) | 50 | 58.95 | 138.99 | 125.64 |
| Access | Summer or Seasonal Access Only | Year-Round Road Access | Year-Round Road Access | Year-Round Road Access |
| Farm Land | ||||
| Farm Lands Class 1 Area | 0 | 0 | 0 | 0 |
| Farm Lands Class 2 Area | 0 | 0 | 0 | 78 |
| Farm Lands Class 3 Area | 0 | 50 | 138.99 | 20 |
| Farm Lands Class 4 Area | 43.4 | 0 | 0 | 0 |
| Farm Lands Class 5 Area | 6.6 | 8.95 | 0 | 27.64 |
| Farm Lands Class 6 Area | 0 | 0 | 0 | 0 |
| Managed Forest Total Area (Acres) | ||||
| Conservation Land Total Area (Acres) |
Page 1 of 4
MPAC’S PROPOSED PROPERTIES AND SALES INFORMATION
| Subject Property | Property 4 | Property 5 | Property 6 | |
|---|---|---|---|---|
| Roll Number | 1450-116-070-05300 | 1450-116-080-02300 | 1450-1160-8015-000 | 1411-011-040-04050 |
| Address | 0 | MACKLIN RD | RAE LANE | COWIE RD |
| Neighbourhood | F047 – 609 | F047 - 609 | F047 - 609 | F031 - 609 |
| Property Code & Desc. | (260) Vacant Residential/Commercial/ Industrial Land Owned by A Non-Farmer with A Portion Being Farmed | (200) Farm Property Without Any Buildings/Structures | (200) Farm Property Without Any Buildings/Structures | (200) Farm Property Without Any Buildings/Structures |
| Distance in km | 5.4008 | 6.8671 | 9.6957 | |
| Valuation | ||||
| Current Value Assessment | $115,000 (proposed) | $525,000 | $386,000 | $346,000 |
| CVA / acre | $2,300 (proposed) | $3,500 | $5,361 | $3,627 |
| Sale | ||||
| Sale Date | 2008-01-03 | 2010-08-20 | 2014-07-03 | |
| Sale Amount | $235,000 | $200,000 | $200,000 | |
| Time Adjusted Sale Amount | $426,378 | $350,011 | $224,014 | |
| TAS / acre | $2,843 | $4,861 | $2,348 | |
| Site | ||||
| Actual Site Area (Acres) | 50 | 150 | 72 | 95.4 |
| Access | Summer or Seasonal Access Only | Year-Round Road Access | Year-Round Road Access | Year-Round Road Access |
| Farm Land | ||||
| Farm Lands Class 1 Area | 0 | 0 | 0 | 0 |
| Farm Lands Class 2 Area | 0 | 30 | 46 | 0 |
| Farm Lands Class 3 Area | 0 | 60 | 26 | 57 |
| Farm Lands Class 4 Area | 43.4 | 40 | 0 | 38.4 |
| Farm Lands Class 5 Area | 6.6 | 20 | 0 | 0 |
| Farm Lands Class 6 Area | 0 | 0 | 0 | 0 |
| Managed Forest Total Area (Acres) | ||||
| Conservation Land Total Area (Acres) |
Page 2 of 4
MPAC’S PROPOSED PROPERTIES AND SALES INFORMATION
| Subject Property | Property 7 | Property 8 | Property 9 | |
|---|---|---|---|---|
| Roll Number | 1450-116-070-05300 | 1411-011-030-19500 | 1450-116-080-20300 | 1408-2060-601-1700 |
| Address | 0 | 0 | LILAC VALLEY RD | COUNTY RD 27 |
| Neighbourhood | F047 – 609 | F031 - 609 | F047 - 609 | F031 - 609 |
| Property Code & Desc. | (260) Vacant Residential/Commercial/ Industrial Land Owned by A Non-Farmer with A Portion Being Farmed | (200) Farm Property Without Any Buildings/Structures | (200) Farm Property Without Any Buildings/Structures | (200) Farm Property Without Any Buildings/Structures |
| Distance in km | 10.7814 | 10.8493 | 15.5105 | |
| Valuation | ||||
| Current Value Assessment | $115,000 (proposed) | $219,000 | $650,000 | $343,000 |
| CVA / acre | $2,300 (proposed) | $2,190 | $5,331 | $8,380 |
| Sale | ||||
| Sale Date | 2013-07-11 | 2012-11-23 | 2011-04-01 | |
| Sale Amount | $200,000 | $490,000 | $200,000 | |
| Time Adjusted Sale Amount | $248,092 | $660,286 | $332,399 | |
| TAS / acre | $2,481 | $5,415 | $8,121 | |
| Site | ||||
| Actual Site Area (Acres) | 50 | 100 | 121.93 | 40.93 |
| Access | Summer or Seasonal Access Only | No Access | Year-Round Road Access | Year-Round Road Access |
| Farm Land | ||||
| Farm Lands Class 1 Area | 0 | 0 | 0 | 40.93 |
| Farm Lands Class 2 Area | 0 | 10 | 111.93 | 0 |
| Farm Lands Class 3 Area | 0 | 0 | 0 | 0 |
| Farm Lands Class 4 Area | 43.4 | 20 | 0 | 0 |
| Farm Lands Class 5 Area | 6.6 | 70 | 10 | 0 |
| Farm Lands Class 6 Area | 0 | 0 | 0 | 0 |
| Managed Forest Total Area (Acres) | ||||
| Conservation Land Total Area (Acres) |
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MPAC’S PROPOSED PROPERTIES AND SALES INFORMATION
| Subject Property | Property 10 | |
|---|---|---|
| Roll Number | 1450-116-070-05300 | 1408-206-060-21000 |
| Address | 0 | ARANDA WAY |
| Neighbourhood | F047 – 609 | F031 - 609 |
| Property Code & Desc. | (260) Vacant Residential/Commercial/ Industrial Land Owned by A Non-Farmer with A Portion Being Farmed | (200) Farm Property Without Any Buildings/Structures |
| Distance in km | 16.289 | |
| Valuation | ||
| Current Value Assessment | $115,000 (proposed) | $272,000 |
| CVA / acre | $2,300 (proposed) | $4,678 |
| Sale | ||
| Sale Date | 2008-03-28 | |
| Sale Amount | $120,000 | |
| Time Adjusted Sale Amount | $217,500 | |
| TAS / acre | $3,740 | |
| Site | ||
| Actual Site Area (Acres) | 50 | 58.15 |
| Access | Summer or Seasonal Access Only | Year-Round Road Access |
| Farm Land | ||
| Farm Lands Class 1 Area | 0 | 0 |
| Farm Lands Class 2 Area | 0 | 31.16 |
| Farm Lands Class 3 Area | 0 | 14 |
| Farm Lands Class 4 Area | 43.4 | 0 |
| Farm Lands Class 5 Area | 6.6 | 12.99 |
| Farm Lands Class 6 Area | 0 | 0 |
| Managed Forest Total Area (Acres) | ||
| Conservation Land Total Area (Acres) |
Page 4 of 4

