24 February 2006
Vancouver Wins Right to Decide Fate of Line
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The 11-kilometre stretch of land running through
Kitsilano and Kerrisdale is owned by the Canadian Pacific Railway.
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Vancouver - The Arbutus Corridor looks every bit the abandoned train line it is, with tall
weeds growing between the ties and rust eating away at steel rails that haven't borne the weight of a freight car in years.
But that neglected strip of land is one of the most coveted pieces of real estate in the city, and when the Supreme Court of Canada
handed down a ruling yesterday on a bylaw controlling development of the corridor, it landed with a thud in corporate offices.
The Supreme Court ruled the City of Vancouver was within its rights when, in 2000, it passed a bylaw designating the corridor as a
public transportation route.
The city's controversial Arbutus Corridor official development plan stopped Canadian Pacific Railway's proposal to turn the abandoned
rail line into a housing strip.
Reaction to the ruling was mixed, with some calling it a triumph for the city and others saying it was a black day that allows the
municipal government to revoke property rights at the whim of council.
"What this says is that the Vancouver Charter is written in such a way that the city can take away anyone's property, any
time," said Maureen Enser, executive director of the Urban Development Institute, Pacific Region. "The fact that it's on the
books is alarming."
Ms. Enser, whose organization represents the real estate development industry, said the provincial government should step in to limit
municipal powers, and she urged the city to withdraw the bylaw as a signal of good faith to developers.
Municipal officials, however, gave no hint of backing off now that the courts have endorsed the city's right to shape development
generally and specifically to decide the fate of the Arbutus Corridor.
"I'm very pleased," Councillor Suzanne Anton said. "It confirms the city's right to specify what land should be used
for."
Mayor Sam Sullivan indicated the city intends to go ahead with plans to use the corridor (which is 11 kilometres long and 15 to 20
metres wide) for public transportation.
"We strongly believe the Arbutus Corridor should be preserved as a whole, to be used in the future for transportation and greenway
uses," he said in a statement from the Winter Olympic Games in Italy. The line runs from Granville Island, through trendy
Kitsilano, along the edge of Shaughnessy, and through Kerrisdale to Southwest Marine Drive on the banks of the Fraser River.
CPR acquired the property in 1886 and ran a steadily declining number of freight trains over it until 2001. After phasing out rail
traffic, CPR began making plans to cash in on Vancouver's booming real estate market.
That's when the city - which had a vision of tram cars, bike paths and greenbelts - stepped in with the official plan. (At the time,
Arbutus was considered as a route for a $1.7-billion rapid transit line to the airport, but Cambie Street was selected.)
A series of court battles ensued, leading to the Supreme Court dismissal of an appeal by CP Rail to overturn an earlier ruling by the
Court of Appeal of B.C.
CPR argued the city overstepped its statutory powers. But the court disagreed.
The Supreme Court also ruled that the city "is not obligated to compensate CPR for the land," because the company "may
still use its land to operate a railway or lease the land for use in conformity with the bylaw."
Paul Clark, CPR vice-president of communications, said the decision leaves both parties back at square one.
"We still own the property," he said. "So we're almost back at the place we started in 1999 when we declared to the
city our desire to sell the property. That is our only objective... to sell the property so that we can reinvest the money elsewhere
in British Columbia."
Mr. Clark said CPR has a standing offer to the city to discuss a sale - and in the meantime the company has been holding a series of
open houses, seeking public input on possible uses for the property.
He declined to put a price tag on the land.
Alan Herbert, a former city councillor and head of a group called Save the Arbutus Corridor, said CPR's public consultation process is
designed to press the city to negotiate a purchase.
Mr. Herbert said there is widespread public support for a regional streetcar network that would include bike paths and
greenways.
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