Letter: Church Road — Spruce Avenue access

Tuesday, July 5 2016

The stated need for an emergency vehicle access from Church Road to phase Four, probably via Spruce is readily apparent.  A gated public road for emergency vehicle use only fits the bill. A 2008 website of the Vancouver law firm Lawson Lundell carries an article by James D. Fraser in which he explains the process of expropriation for such purposes under the BC Expropriation Act of 1996. 

Significantly, he cites a “Regional District Board” as being one of the entities having the right of expropriation in the public interest. He further notes that expropriation of “linear developments” such as a roadway cannot be challenged.

So the solution appears: Let the RDN appropriate land for a public roadway with gated access for emergency vehicles only, with fair compensation to the owner(s) as required by law. Anything other than a roadway belonging to the public is inadequate. Anything additional, density transfers blah blah, is stuff we just don’t need.

~ David Bouvier