95-11
COUNTY OF ELGIN
By-Law No. 95-11
"A BY-LAW TO ESTABLISH A PROCEDURE GOVERNING THE SALE
OF REAL PROPERTY"
WHEREAS, the Planning and Municipal Statute Law
Amendment Act, 1994, requires that every Council with authority to
sell or otherwise dispose of real property shall by by-law
establish procedures governing the sale of real property; and
WHEREAS, the by-law must include a provision that
Council shall officially declare, by resolution, the real property
to be surplus; and
WHEREAS, the by-law must include a provision that
Council shall obtain at least one appraisal of the fair market
value of the real property; and
WHEREAS, the by-law must include a provision that
Council shall give notice to the public of the proposed sale; and
WHEREAS, the by-law could include a provision
authorizing different procedures for different classes of real
property; and
WHEREAS, the Minister, by regulations, has prescribed
classes of real property and certain public bodies for which an
appraisal is not required; and
NOW THEREFORE, the Municipal Council of the Corporation
of the County of Elgin enacts as follows:
1. Council shall, at any time, by resolution, declare any
of its real property to be surplus to the needs of the County and
shall authorize the Committee responsible to take action as
described in Schedule "1" attached hereto.
2. This by-law and Schedule "1" shall apply to all classes
of land owned by the County, save and except:
a) classes of land numbered 1,3,4,5 and 8 described in
Regulation 815/94; and
b) classes of land described under Section 210.1 of the
Municipal Act; and
c) surplus land acquired for road widening
which classes shall be subject to their own specific procedures.
READ a first and second time this 28th day of February, 1995.
READ a third time and finally passed this 28th day of February, 1995
~ ..:Dr~ - c:
-
~¡ D Vane Chute,
,
Warden.
"1"
Schedule
95-11
By-Law No.
if
PROPERTY
Obtain approval from any other agencies involved,
REAL
- SALE OF
PROCEDURE
1.
necessary.
to be
with the
2. Obtain a survey of the real property proposed
disposed of from an independent surveyor in accordance
laws of the Province of ontario if deemed appropriate.
3. Obtain an appraisal of the real property proposed to be
disposed of from an independent qualified appraiser who shall:
in good standing of the Appraisal
be a registered member
Institute of Canada,
i)
not be directly connected with any real estate brokerage
firm, i.e a real estate agent, and
ii)
conduct business primarily in or near the local munici-
pality where the proposed property to be disposed of is
located.
iii
4 Should the method be to sell the property by tender or
request for quotations:
costs incurred or required to dispose of the proposed
real property including legal fees, survey, appraisal,
encumbrances, advertising, improvement, etc. shall be
established
i
an estimated bid amount shall be established which shall
be based on the appraised value and shall be increased
to include the amounts of the costs referred to in
clause 4(i) above
ii)
an advertisement shall be placed in local newspapers
having general circulation in the County and which are
intended to provide coverage throughout the entire
geographic area of Elgin County. Advertisements in
newspapers outside the County of Elgin shall be at the
discretion of the Committee. The advertisement shall
include a brief description of the property, including a
small location sketch and shall specify the dates
involved with the sale.
iii
the tender or quotation documents shall be submitted to
the County Clerk and shall include the statement that
lithe highest or any offer may not necessarily be
accepted"; and
iv)
after issuing a public notice as required in the Act, Council
may offer the surplus property to the abutting land owner.
/o-C¡
REGULATION MADE UNDER THI'; Ontario Regulation 815/94
riled. Deoember 21, 1994
MUNICIPAL ACT Bffeotive. January 1, 1995
DISPOSAL OF PROPERTY
1. A municipality or local board may sell the following
classes of real property without obtaining an appraisal under
subsection 193 (4) of the Act:
1. Land 0.3 metres or les8 in width acquired in connection
with an approval or decision under the Planning Act.
-2. Highways, roads and road allowances.
3. Land formerly used for railway branch lines if sold to
an owner of land abutting the former railway land.
4. Land that does not have direct access to a highway if
sold to the owner of land abutting that land.
5. Land repurchased by an owner in accordance with section
42 of the Expropriations Act.
6. Land to be used for sites for the establishment and I(
carrying on of industries and of industrial operations
and incidental uses~
7. Land sold under sections 112, 112.1,112.2 and 113 of
the Municipal Act.
8. Easements granted to public utilities or to telephone
companies.
9. Land sold under the Municipal Tax Sales Act.
2. A municipality or local board may sell real property to
the following classes of public bodies without obtaining an
appraisal under subsection 193 (4) of the Act:
1. Any municipality, including a metropolitan, regional or
district rnunicipalityand the C~unty of Oxford.
2. A local board as -defined in the Municip~l Affairs Act.
3. An authority under the Conservation Authorities Act,
4. The Crown in Right of Ontario or of Canada and their
agencies.
3. A municipality or local board is not required to list the
following classes of real property in the public register
established under subsection 193 (7) of the Act:
1. Land 0.3 metres or less in width acquired in connection
with an approval or decision under the Planning Act.
2. All highways, roads and ,road allowances, whether or not
opened, unopened, closed or stopped up.
3. Lana formerly used for railway branch lines.
4. This Re'gulation comes into force on the day that section
55 of the Planning and Municipal Statute Law Amendment Act, 1994
comes into force.
¿~
Minister of
·