Councillors could wave the heavy hand of expropriation over two water lots along Barrie's north shore.
A motion will be considered Wednesday to have city legal staff begin negotiations to acquire part of water lots 26 and 27, in front of 185 Dunlop St. E., along Kempenfelt Bay, between Poyntz and Sampson streets.
But should negotiations to acquire the lots go south, legal staff would be authorized to start expropriation proceedings for this property, to expand and enhance the public waterfront.
“The staff recommendation is to purchase the water lot and expropriate it if necessary,” said Coun. Clare Riepma, who, along with Coun. Craig Nixon, represents this area. “Of course, we hope that we can acquire it by negotiating with the owner.”
The province generally defines expropriation as taking or buying land without the consent of the owner by an expropriating authority, in this case the City of Barrie, in the exercise of its statutory powers.
A new capital project would also be created for the acquisition or expropriation of this property, and potential future acquisitions of other waterfront properties, with a budget of $500,000, to be funded from the city’s tax capital reserve.
This would provide city staff with the ability to negotiate the acquisition of water lots along the shore of Kempenfelt Bay within the North Shore Trail system, beginning with the acquisition of this property.
It consists of a portion of two water lots located primarily within the waters along the north shore of Kempenfelt Bay.
While a current, formal survey is not available, city staff suspect this property also consists of shoreline with an approximate depth of three feet.
“Land under the water is owned by the federal Crown or government, except where someone has bought a water lot from the Crown,” Riepma said. “The Crown no longer sells water lots and, where appropriate, it makes sense to buy them back so that the city can control its waterfront.
"These water lots are immediately adjacent to the North Shore Trail and the city should own them as part of our waterfront.”
Staff say the property’s owner has approached the city numerous times in the past to gauge interest in purchasing the water lots. To date, staff have not supported the purchase price the owner has proposed, and previous councils have likewise opted not to acquire the property on the terms offered by its owner.
The owner has historically proposed a number of uses for the property that staff don’t support, and that don’t align with the city’s policies with respect to the use of open space property located on Kempenfelt Bay’s waterfront.
Barrie’s Official Plan says the city will acquire private land to expand its public waterfront and the acquisition of this property, be it by expropriation or a negotiated agreement, which is consistent with this provision.
The city’s 2023 waterfront strategic plan update includes additional recommendations with respect to improvements to the North Shore Trail and Sam Cancilla Park areas. These recommendations include exploring water access points at Sam Cancilla Park, which could be addressed if the water lots were owned by the city, given their proximity to the park.
The 2023 update says Sam Cancilla Park is a major destination on the city’s waterfront, one that acts as a gateway to the North Shore Trail system.
City ownership of water lots and potentially other waterfront property in this area would help to extend the area of the waterfront and achieve park elements that better reflect the needs of the community, according to staff.
“At this point, there are no plans to do anything with these lots,” Riepma said. “As the city grows we will need more waterfront land for residents and visitors to use and enjoy.
“The waterfront is one of the things that Barrie is best known for,” he added. “The new Official Plan has a policy that states that the city will acquire privately owned lands to expand the public waterfront over time.”
The motion councillors will consider Wednesday evening gives staff the ability to begin discussions with the owners of other waterfront or waterfront adjacent properties, should opportunities arise.