Province announces changes to controversial bill

The Province announced changes to its controversial land assembly project area amendment act (LAPAAA), formerly known as Bill 19, Nov. 21.

The move was made in response to public concerns about the act, meant to make it easier for government to obtain land needed for major projects, such as large-scale roads or dams.

“These changes give more power to landowners,” said Jeff Johnson, minister of infrastructure. “We’ve heard concerns from Albertans about the law as it currently stands, and these amendments address those concerns. These amendments are about empowering landowners.”

Concerns were varied, but included fear that the act infringed on landowners’ property and compensation rights and could freeze private land for decades.

Under the new legislation, landowners can trigger the expropriation process before the government does, and it gives them access to the courts and full compensation available under the Expropriation Act. The changes also remove the threat of jail time for landowners who refuse to follow an order.

The new legislation, which entered second reading on Nov. 22, will be debated this week. It was introduced Nov. 21 as one of several high-profile bills to be discussed.

Johnson said LAPAAA will clarify Bill 19.

“The intent was always clear and even critics said the policy side was good but… could be better clarified,” said Johnson. “It is a high priority for us and we want to get this thing cleaned up.”

If passed, the act will ensure the Province makes a decision within two years on whether land will be used for a major project and will require consultation with affected landowners, both chief concerns raised about the old legislation.

Despite the amendments, Wildrose MLA Rob Anderson, said the changes don’t go far enough.

“The change they need to make is pretty simple: repeal the bill,” said Anderson. “It is a bad bill, it tramples on the rights of landowners.”

Anderson said the Province was able to secure land for major projects using the Expropriation Act for decades, making the new legislation unnecessary.

“It served us well for many, many years,” said Anderson. “There is no need to pass this law other than to trample on the rights of landowners.”

Anderson, who represents the riding of Airdrie-Chestermere, is also concerned there hasn’t been time for the new bill to be properly researched.

“They are literally ramming through six very controversial legislations in four days,” he said. “The reason we are in this mess is because the government will ram through legislation without proper debate not just in the legislature but also from the public.”

Land-owners’ rights advocate Keith Wilson, a lawyer and vocal opponent of the act, said the amendments are long overdue.

“I commend them for it,” he said. “But I am troubled that it took so much time and effort to cause the government to decide they made a mistake and try to correct it.”

Over the past year, Wilson has travelled around the province, raising awareness about several Alberta laws including LAPAAA the Alberta Land Stewardship Act and the electrical transmissions act, speaking to more than 13,000 Albertans.

His chief concern with LAPAAA was with the legal wording that, he said, allowed the government to freeze land with no compensation for the landowners.

Wilson said the amendments should have gone further to fix wording regarding banking institutions and lenders.

The wording, said Wilson, makes bank claims on security subordinate to government orders on the land, causing a potential credit problem for landowners.

“(Lenders) will pull the plug,” said Wilson. “(Landowners) will be hooped, they will have to sell at any price to the government.”