The CP Rail crossing on Hwy 11A at Red Deer's north end will be home to a new overpass and four lanes by 2023. (Google Maps)

By Josh Hall (Twitter: @Vancan19)

120 days to finalize

City moves to expropriate four properties for 11A Twinning project

Mar 29, 2021 | 5:04 PM

The City of Red Deer is moving forward with expropriation of four properties in order to see through the Highway 11A twinning project.

The project will widen a stretch of that highway from west of Taylor Drive to Gaetz Avenue, and includes intersection improvements as well as an overpass at the Canadian Pacific railway crossing.

On Monday, city council approved giving notice to four property owners that they are utilizing The Expropriation Act, which is a tool municipalities can use to take land required for public use or benefit. The usual point of contention from a landowner is that compensation isn’t sufficient.

At this stage, expropriation can be objected to by the landowner. If that occurs, it could eventually wind up with the Land Compensation Board for a decision, though the landowner and municipality may still negotiate in good faith during the process.

A map shows Hwy 11A in grey, with four properties in red which the City now intends to expropriate. (City of Red Deer)

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Approval of expropriation must take place within 120 days from when council, as the approving authority, gives its notice of intent. The City intends to put both the project out for tender and get shovels in the ground by the end of 2021. It wouldn’t be complete until sometime in 2023.

“It is every property owner’s right to go through this process and we would highly encourage any property owner to investigate their full legal rights during this process,” says Konrad Dunbar, the City’s Engineering Services Manager.

“Legal fees are all paid for by the City through this process. Essentially, the landowner must remain whole, or in other words, there are no out of pocket expenses for the landowner, even when they hire an appraiser. It’s about being fair and transparent.”

The land acquisition is required for additional road right of way from eight landowners in total. Initial conversations began with landowners in early 2019 and lasted into summer 2020.

The City also hired a third-party consultant who specializes in municipal and highway land acquisitions, to negotiate with landowners on the City’s behalf.

The City of Red Deer reached an agreement with the province several years ago to take ownership of the stretch of Hwy 11A in question when it annexed the land north of 11A.

In total, the project is worth $46 million, with the City already receiving $15 million from Alberta Transportation and $3 million from CP Rail.

Council’s notice of intent was passed unanimously.