Province’s cost for Lemay unknown

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This article was published 16/04/2025 (186 days ago), so information in it may no longer be current.

It’s uncertain how much taxpayers could be on the hook for as the provincial government moves to expropriate the hotly contested Lemay Forest in St. Norbert.

On Tuesday, Premier Wab Kinew noted he has signed an order in council to expropriate the privately owned forest, but didn’t specify what the province would have to pay the owner who had planned to develop it.

The premier did describe previous offers to buy the land as “very generous.”

“I think the earlier offers were very generous. The folks on the other side of those conversations were being offered way more than they paid for that parcel of land,” said Kinew.

Those offers included a bid of $5.25 million in January from Manitoba Habitat Conservancy, with support from the federal and provincial governments.

The expropriated land will exceed the limits of the exact property where residents have fought to protect a forest and former cemetery, the premier said.

“(There are) parcels that are owned by the City of Winnipeg and the Behavioural Health Foundation that are part of what we’re looking at,” said Kinew.

Tochal Development Group, which has proposed a 2,500-unit assisted-living facility at the forest, accused the province of failing to consult the landowner before announcing the expropriation.

The premier said there has been “tons of engagement.”

“We looked for reasonable paths forward here. And, given the public interest in the cemetery, in the historic nature of this area, the pileated woodpecker, the forest, expropriation is the best way for us to step in, preserve your access and to create a new provincial park that will be very beautiful,” said Kinew.

The premier said expropriation should let “cooler heads prevail” on the battle over the land, while preventing development from disrupting the graves at a former cemetery at the site.

However, a key planner for the proposed development said tensions remain high, with a “heavy police presence” required for the owner to access the land.

John Wintrup said he expects the expropriation will eventually wind up in court.

“We haven’t been treated fairly at all in this process, not one bit. There’s a complete disregard for the private property owner’s rights… He has not been able to make use of the property, he can’t get on the land,” said Wintrup.

Some development opponents set up tents on city land next to the forest in late December and at times blocked access, to prevent trees from being cut down.

Wintrup said a professional appraisal valued the land at $8 million.

The planner said tree removal has stopped at this point.

“We’re not cutting until we get (clarification from) the authorities about what we can and can’t do here,” said Wintrup.

Mark Newman, a local lawyer with expertise in expropriations, said governments are required to pay compensation when they seize properties through the process.

Compensation values don’t necessarily cost them less than it would to buy the property, he noted.

“People who get expropriated tend to seek appropriate advice. They tend to be guided. At the end of the day, governments don’t get away normally… (with) paying less than they should,” said Newman.

Since market value assessments can vary among appraisers, it’s difficult to determine what Lemay Forest or other properties are worth, he said.

“When you deal with vacant land, the question is what can you do with that vacant land in the future and that’s what ultimately determines the value,” said Newman.

While the province’s standard expropriation process can involve a public inquiry, the order in council waives that requirement.

If the two sides can’t agree on a compensation price, the Land Value Appraisal Commission will hear the matter. The commission’s decisions can only be challenged at the Manitoba Court of Appeal, said Newman.

However, most expropriations are settled, he said.

“Government doesn’t like to go to expropriation. It’s perceived as being high-handed… They much prefer if they can reach a voluntary agreement,” said Newman.

Louise May, a member of the Coalition to Save Lemay Forest, said she expected taxpayers would pay “a lot less” to preserve the land through expropriation, arguing its value is lower than the developer suggests.

She believes the land is not available for development, due to a cemetery of the former l’Asile Ritchot orphanage, which operated from 1904 to 1948 on part of the property.

May said preserving this particular green space should be a government priority.

“There (are) no entrenched property rights that supersede these issues,” she said.

In a written statement, Mayor Scott Gillingham appeared supportive of expropriating some city land.

“The city has already protected much of Lemay Forest and the riverbank for public use, so it makes sense to explore how that land could be included in a new provincial park in St. Norbert,” said Gillingham.

The mayor’s office believes the expropriation could affect up to 34 acres of city land.

joyanne.pursaga@freepress.mb.ca

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