City delegates land pre-emption for park

Summary#

Montréal city council unanimously approved a position in favour of the agglomeration council adopting a bylaw amendment to Règlement intérieur du conseil d'agglomération sur la délégation de pouvoirs du conseil d'agglomération au comité exécutif relatif à l'exercice du droit de préemption aux fins de parc régional (RCG 19-003). The agglomeration council makes the final decision at a later meeting. The amendment’s stated goal is to let the city act within legal deadlines on its pre-emption right for 11 lots intended for a regional park.

  • If adopted, the amendment would let the executive committee exercise the pre-emption right for those lots, acquire a property, or give up the right.
  • It would let the committee ask to remove a pre-emption notice from the land registry after the city gives up that right.
  • The committee could delegate the decision to acquire a property or give up the right to a city official when its value is below $150,000.
  • The committee would have to report quarterly to the agglomeration council on use of these delegated powers.

What it means for you#

  • Owners of the 11 lots: The city could use its existing right to buy a property when it is offered for sale, at the price and terms of the planned sale. This decision does not itself transfer property to the city.
  • Other property owners and the public: The proposed delegation concerns 11 lots; it does not create a general new pre-emption right. The existing right applies to properties offered for sale, with an exception for properties owned by public bodies.

Money#

The city has set aside an acquisition-credit envelope, but the available material gives no amount.

  • The city would pay the price and meet the terms of the planned sale if it exercises the right. City staff say the city will assess the price and terms before completing a purchase.
  • The material does not give expected purchase costs or staffing costs.

What is unclear#

  • The material does not identify the 11 lots; it refers to another file for that list.
  • It does not give the amount of the acquisition-credit envelope or the likely cost of buying the lots.
  • The supplied material does not state when the amendment would take effect.

Case for#

  • City staff say the short legal deadlines can make it hard for the city to act in time. Delegating decisions could let the city meet those deadlines.
  • The delegation would support possible land purchases for a regional park, while the agglomeration council would keep exclusive authority to designate land where the pre-emption right applies.

Case against#

  • The city could take on purchase costs, but the material gives no estimate for the 11 lots.
  • The decision delegates acquisition or waiver decisions to the executive committee and, for properties worth less than $150,000, a city official. The material does not explain the decision criteria or review process.