With the City of Kelowna beginning the expropriation process on a portion of waterfront property at the Hotel Eldorado, some experts say the escalation is extreme.
The city announced its intention to take legal action earlier this week to expropriate a portion of the boardwalk at the hotel after nearly seven years of conflict between the two parties.
Despite a previous agreement, which has been confirmed by both the B.C. Supreme Court and the B.C. Court of Appeal, stating the public has a right to the boardwalk, the hotel has closed it, citing a need for repairs, leading the city to take legal action to uphold waterfront access.
King’s Counsel and managing partner at Crease Harman LLP Bruce Hallsor said the use of expropriation for events like this is a drastic approach.
“Well, there’s a big difference between having a right of way over somebody’s property and taking somebody’s property away. And if the city takes the property, they will then be in control. It certainly is a serious step that needs to be seriously considered.”
Hallsor added that a similar case in Vancouver was considered by many as unnecessary.
“There was a case recently in Vancouver of a couple of hotels on the east side that had outstanding maintenance issues and bylaw infraction issues, and after years of frustration, the City of Vancouver decided to expropriate those properties rather than have to continue dealing with the owner, and they filed a court petition. That’s the most recent one I’m aware of alleging that that was an improper purpose, the nuclear option wasn’t appropriate. The city should go through its regular bylaw.”
As the city goes forward with the process, some residents are concerned about the legal fees that will be incurred, and Hallsor says it will not come cheap for taxpayers.
“I guarantee you this will be the most expensive part of the boardwalk for taxpayers if they do acquire it because the price will be high.”
