Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 08, 2023
CASE NO(S).:
OLT-22-004140
PROCEEDING COMMENCED UNDER subsection 6(2) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended
Owner:
Rose, David and Harriet Riddell
Expropriating Authority:
The County of Frontenac
Property Address/Description:
Part of Lot 3 Concession 8
Municipality:
Township of North Frontenac
OLT Case No.:
OLT-22-004140
OLT Case Name:
Riddell v. County of Frontenac (County)
Heard:
December 1, 2022 by video hearing
APPEARANCES:
Parties
Counsel*/Representative
County of North Frontenac
Spencer Putnam*
Rose, David and Harriet Riddell
Bob Riddell
DECISION DELIVERED BY D.S. COLBOURNE AND ORDER OF THE TRIBUNAL
1This is a report of a Hearing of Necessity held under s. 7 of the Expropriations Act, RSO. 1990, Chapter E. 26, as amended (the “Act”). Informal inquiries are held to determine whether the proposed taking by the expropriating authority of an owner’s land is “fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority” as the Act states. The courts have interpreted this test to be whether the proposed taking is “reasonably defensible”.
2The County of Frontenac (“County”) intends to take a portion of the owners’ lands over which the railbed of the former Kingston and Pembroke Railway travels. The subject lands are north of the Robertsville Road, and east of Road 509. In total the taking is 2.04 acres. It is composed of Part 1 on the draft plan of survey, Tab 3, Exhibit 2.
3The County is in the process of completing a four-season, multi-use public trail system called the Frontenac K&P Trail, which is one segment of the broader Frontenac K&P Trail which traverses 180 kilometers north-south across multiple municipalities largely following the railbed of the Former Kingston and Pembroke Railway.
4Since 2009 the County has undertaken to expand and connect the Frontenac K&P Trail by acquiring those portions of the Railbed that remain under private ownership and to develop the Frontenac K&P Trail along them, in accordance with the County’s Trails Master Plan (2009) and Frontenac K&P Trail Management Plan (2021).
5The County has considered other options for achieving this objective and determined that the acquisition of the subject lands represents the best solution.
6The property does currently contain several structures, both west of the Trail taking and also to the east, all with access to Robertsville Road. Further east of the easterly structures and to the rear of those structures is a Class C licenced gravel pit. North of the pit and travelling east and west is a creek which also bisects the property. Access to the property portion lying north of the creek and east of the Trail is an issue for the owner, with the trail taking.
7The main issue in this matter appears to be the width of the taking.
8The agent for the owners points to the plan to indicate that the width should be more in line with those recommended for the particular purposes, although he did not specify a total width.
9The property owners already have agreements on some of their property with trail associations.
10The witness for the authority, Richard Allen, Manager of Economic Development, for the County advises that the width of 21 metres has been acquired consistently, certainly involving lands with the old rail bed, and that the width is necessary for the combination of purposes, multi-seasonal activities, clearance, as well as for continued maintenance.
11The Trails Master Plan, Tab 17 Exhibit 2, – pg. 15 contains individual dimensions for each of the trail activities, widths for Walking/Hiking, Cycling, Horseback Riding, Cross-Country Skiing, Snowmobiling and ATVing, including tread width and clearance for vegetation control.
12The owner wishes continuing access between his three parcels created by the expropriation and the creek. There are in the Management Plan, Tab 17, Exhibit 2, owners access arrangements.
13I am satisfied that as outlined by Mr. Allen, the taking width is reasonable in view of the overall scope of activities, and the width of the railbed itself.
14For the reasons given above, the Tribunal finds that the taking of a fee simple interest in Part of Lot 3, Concession 8, as in FR738460, in the geographic Township of Palmerston, now the Township of North Frontenac, County of Frontenac, being part of PIN 36209-0010 (LT), and more particularly described as Part 1 as illustrated on the draft Expropriation Plan, and Part of Lot 2 Concession 8, east of FR560395, geographic Township of Palmerston, now in the Township of North Frontenac, County of Frontenac, being part of PIN 36209-0002 (LT) and more particularly described as Part 1 illustrated on the draft plan of expropriation are reasonably defensible in the achievement of the County’s objectives of completing the four-season, multi-use public trail system called the Frontenac K&P Trail, part of the broader K&P Trail.
“D.S Colbourne”
d.s. colbourne
vice-chair
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.