City of Calgary - Section 534 Municipal Government Act Letter

[lazypucker]

I have received a letter from the City of Calgary last week about the Section 534 of the Municipal Government Act, regarding potential compensation claim for property value lost due to city projects:

http://www.calgary.ca/CA/law/Pages/M...ction_534.aspx

Did anyone received the same letter? I personally have no clue how to proceed, maybe with the brain-trusts here at CP we can collectively figure something out.

I need help.

Thanks in advance.

[calgarywinning]

Did you have city/public work near a property you own?

Has it impacted, permanently, your property value in a harmful way? If not, no need to worry.

Looks like the City has not been following the MGA by notifying property owners, which they must by law. Looks like they are trying to catch up past projects as it's quite a date range they specify into the past.

[oilyfan]

Originally Posted by lazypucker

I have received a letter from the City of Calgary last week about the Section 534 of the Municipal Government Act, regarding potential compensation claim for property value lost due to city projects:

http://www.calgary.ca/CA/law/Pages/M...ction_534.aspx

Did anyone received the same letter? I personally have no clue how to proceed, maybe with the brain-trusts here at CP we can collectively figure something out.

I need help.

Thanks in advance.

Are you near the proposed Green Line LRT? I know that the city is busy securing property for this project and if it is close to your property there might be a compensation claim.

[Hanni]

Basically what calgarywinning said, they are required to notify adjacent landowners within a year of a projects completion that it is complete. They obviously haven't been doing this and are going back a long way to catch up, it's possible the letter is referring to a project completed years before you owned the property. Unless the existence of the project decreased your property value you don't have to do anything. Did it reference the project or is it just a generic letter?

Originally Posted by oilyfan

Are you near the proposed Green Line LRT? I know that the city is busy securing property for this project and if it is close to your property there might be a compensation claim.

This part of the legislation only applies to completed projects.

[getbak]

If you click the "September 14 Public Notice" link on the page you linked to, it will open up the full list of projects. You should be able to search the document to find the roads adjacent to your property to see what was done.

The majority of the things on the list look to be minor improvements, so they're unlikely to have decreased your property value.

[Fuzz]

They installed trees in a park near my place, and now their are teens doing drugs, fornicating, and loitering. I demand compensation for these improvements!

Maybe that was her angle all along.

[lazypucker]

Yes, there was a major road widening done (Beddington Trail) adjacent to the backyard, and the property value did decrease like 20% the year right after it was completed. So I think I may have a case?

Calgarywinning - Yes, there is a need to worry about, as there could be money involved. So actually my question would be if anyone knows how I should proceed with filing a claim, etc.

I know, I know, another thread about legal stuff... but if this doesn't really major long-winded lawsuits I prefer just get it settled the easy way.

[Hanni]

http://www.calgary.ca/CA/law/Pages/T...t-Act-FAQ.aspx

How do I make a claim?

You must send any claim in writing to The City. You can mail it in to:

The City of Calgary
Section 534 Claims
Law Department (8053)
Calgary Municipal Building
12th Floor, 800 Macleod Trail S.E.
Calgary, Alberta T2G 2M3

You can also send your claim via email to s534@calgary.ca. The claim must be received within 60 days after the public notice has been posted.
If you have questions about what the claim must include, you can call The City’s MGA section 534 inquiry line at 403-268-6777. You can also refer to the letter, the copy of the public notice or the copy of section 534 of the MGA that you received in your notification. That information is also available here.

I would call the number and get more info on what needs to be included in the claim.

From the act

(4) An owner of land described in subsection (3) is entitled to
compensation under this section only if the owner files with the
municipality a claim within 60 days after notice of the completion
of the public work or structure is published in the newspaper.

(5) A claim must state the amount claimed and the particulars of
the claim to prove the claim.

There is also an arbitration process outlined in the act if you and the city can't come to an agreement.