Richmond plans to expropriate Watermania property from its owner

The City of Richmond plans to expropriate the land where Watermania is located. The city leases the property near No. 6 Road and Steveston Highway and operates the aquatic centre there. The 25-year lease expires in May 2027. Because the expropriation is not for a linear easement, such as a water, sewer or road line, or rapid transit, an inquiry may be held. The landowner’s legal counsel, Michael F. Robson of Owen Bird Law Corporation, requested one. It is scheduled for early November, with retired B.C. Supreme Court Justice George Macintosh presiding.

Mayor Malcolm Brodie told the Richmond News that municipalities “rarely” use expropriation, but Watermania falls under the category of “parks and recreation,” and the city is “confident” it has jurisdiction to expropriate the land. Brodie said the city does not want to go through the process often and acknowledged there could be “hard feelings on the other side.” He said the city’s position is “simple” because it is responsible for maintaining the aquatic facility: “It was felt rather than paying rent, it’s just better to own the building.” He added that there may be disagreement over the price.

James Carpick, a retired lawyer working as a consultant for the property owner, cited the Supreme Court of Canada’s Dell Holdings decision. The judge described expropriation as “one of the ultimate exercises of governmental authority” and said taking all or part of a person’s property causes severe loss and significantly interferes with private property rights. The judge added that an expropriating authority’s power should therefore be strictly construed in favour of those whose rights are affected. Carpick interpreted that as meaning expropriation should be done “carefully, reasonably, sparingly.”

After the inquiry, Macintosh will make a recommendation. The city council, acting as the “approving authority” under the Expropriation Act, will ultimately decide whether to accept it. Carpick called this a “flaw” in the legislation and an “inherent conflict,” since council is expropriating the land while also having the power to approve or reject the inquiry’s recommendations. “The fox should not be guarding the henhouse,” he said.

Brodie said the courts monitor the process and it may be subject to judicial review on matters including the reason for expropriation, the amount of land taken and how much was paid. He said the decision to expropriate was made at a closed city council meeting because it was a legal issue.

The five-acre property at 14300 Entertainment Blvd. is assessed at about $49 million: the land is worth about $27 million and the building about $22 million. Carpick said the property’s “potential value” discussed was about $30 million. Only the Watermania property is under consideration. The City of Richmond acquired the neighbouring Richmond Ice Centre about seven years ago.