Protect Our Parks

What is Crown Land or a Crown Land Tenure?

Crown land is land or land covered by water (e.g. rivers, lakes, ocean seabed) owned by the provincial or federal government that are unoccupied and exempt from taxation. A Crown land tenure is an agreement between an individual or company to lease this land from the provincial or federal government. Tenures are granted for specific purposes and periods of time.

Assessment of Crown Land Property

When Crown land is occupied (whether leased or not), it becomes subject to assessment and taxation. The assessed value of the land is based on its market value as if it were private land, not on the value of the Crown lease.

When completing the assessment, the assessor considers any restriction placed on the land by the Crown. However, neither the duration nor the value of the lease is considered. Many Crown leases are granted for farm use and those assessments are based on a special schedule of rates that considers the value of the land as farm without regard to its value for other purposes.

Crown Land and Property Taxes

Occupiers of Crown land are required to pay property taxes. Payment of property taxes, in addition to the rental fee, is a condition of many Crown land leases, licenses, permits, rights of way or easements.

Property assessments of Crown land are based on the value of the land as if it was owned outright by the occupier. Even if the lease costs less than the purchase price, the land is valued as if it was owned outright.

• If a Crown land tenure is acquired in a rural area on or after January 1, property taxes are not levied for that year. Instead, the tenure is entered on the next Assessment Roll and the occupier becomes liable for taxes the following year.
• If a Crown land tenure is acquired in a municipal area on or after January 1, property taxes are pro-rated from the date of occupation through to termination of the lease.
• When a Crown land tenure is cancelled, expires, or is abandoned, the full amount of property taxes is due and payable in the year the tenure is terminated. Once terminated, the Crown tenure is removed from the following year’s Assessment Roll.
• If a Crown land tenure ends during the year, tenants are responsible for taxes that apply up to the date the tenure ends.
• When a Crown tenure is acquired by way of an assignment (e.g., of a lease or license), the new occupier assumes liability for all unpaid property taxes. Before agreeing to an assignment, it is important to enquire about the status of the property’s tax account by contacting the local municipal office.
• When a Crown tenure is cancelled and a new tenure for the same property is issued, any unpaid taxes for the previous tenure remain the responsibility of the previous occupier.
• To cancel Crown tenure, contact the Land and Water British Columbia Inc. office closest to the tenured land. You must receive written confirmation of the cancellation by December 31, or you will be liable for taxes for the following year.

JOHN ROBBINS
Local News - Wednesday, July 04, 2007 Updated @ 6:31:48 AM

There’s a new skipper at the helm of the Niagara Parks Commission marina in Fort Erie.

The private sector company that took over management of the facility two months ago is charting a course for a multi-million-dollar makeover.

Proposed improvements could see the number of berths more than tripled, as well as the construction of a luxury hotel, a 500-seat restaurant, tourism-themed shopping outlets and a 150-unit condominium development.

The proposal to redevelop the marina is still in the conceptual stage, but Sentex Developments Inc. has reached an agreement with the parks commission for interim management of the marina, which has been renamed Miller’s Creek Marina.

Parks general manager John Kernahan said the commission “came very close” to closing the marina, before a private sector partner was found with the help of the Town of Fort Erie and the Fort Erie Economic Development and Tourism Corp.

Meanwhile, the company is beginning work on an environmental assessment of the redevelopment proposal - a process expected to take up to two years, according to company spokesman Bob O’Dell.

He said the “footprint” of the development and the exact designs can’t be determined without the environmental assessment.

If all goes as planned, construction will begin within three years, O’Dell said.

The marina is located on the Niagara Parkway, near Cairns Crescent in the rural north-east corner of Fort Erie.

With 136 slips, it was built around 1965.

A number of years ago, the NPC put out feelers for private-sector proposals for redevelopment, but there were no takers at that time, Kernahan said.

In January 2006, the parks commission asked the Fort Erie EDTC to take the lead in finding a partner. A committee of civic and business representatives was struck to develop terms of reference for a call for proposals and to help review the competing concepts.

There were a number of major restrictions on what the Parks would allow, including a stipulation that the land would not be sold to private interests.

Instead, a long-term lease on the property was envisioned.

In April 2006, the Parks selected the Sentex Development Inc. proposal from among “two very superior proposals,” Kernahan said.

“We realized it was time for some really significant investment.”

Proponents met with residents in the Cairns Crescent area last year to talk about the proposal and to solicit input.

Kernahan said the private-sector development will be a source of revenue for the parks commission, but details of how much revenue the commission expects to get through a long-term lease of the property haven’t been finalized.

The company took over management of the marina May 1, and has begun making some improvements to the property.

“They’ve got it looking very good,” said Kernahan.

The proposed development at the Marina and Cairns Crescent will require a new sewer and water line extended utilities and a rerouting  of the Niagara Parkway which will run through Cairns Crescent. It will be necessary to reroute the Parkway to accommodate the canals that will run from the Niagara river to the Cairns Crescent condos so that the residents that live in the condo complex can dock their boats at their front door.

The new sewer and water service is estimated to cost one million dollars, who is going to pay for that? With this development property tax and other utilities are sure to increase.

On top of all that the once quiet area will be a regular thoroughfare due to the rerouted  Niagara parkway.

The once quiet 45 acres of land will be a waterfront condo complex.

Also their has to be some thought on the environment, shoreline, and habitat that will be destroyed by the proposed development.

The two main questions need to be answered.

Who is going to pay?

Who will benefit?