THE CORPORATION OF THE TOWNSHIP OF NIPISSING

BY-LAW 2008-1227

Being a By-law to adopt policies for the:

SALE OF LAND

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WHEREAS by Section 270 of the Municipal Act S.O. 2001, as amended, municipalities are required to adopt and maintain policies with respect to the sale or other disposition of land;

AND WHEREAS the purpose of this by-law is to adopt such policies.

BE IT ENACTED AS A BY-LAW OF THE CORPORATION OF THE TOWNSHIP OF NIPISSING AS FOLLOWS:

1. This by-law shall be called the “Township of Nipissing Sale of Land By-law.”

2. DEFINITIONS AND INTERPRETATIONS

2.1 In this By-law:

“Act” means the Municipal Act, S.O. 2001, c. 25 as amended, and the Regulations made under the Act.

“Appraisal” shall mean an opinion in writing as to the consideration that the land might be expected to realize if sold on the open market by a willing seller to a willing buyer.

“Sale” includes a lease of 21 years or longer.

3. PREREQUISITES TO THE SALE OF LAND

3.1 Surplus Land – Council shall, prior to the sale of land, determine by By-law or Resolution, that the subject lands are surplus to the requirements of the municipality.

3.2 Method of Sale – Council shall have the absolute discretion to select the particular method of disposing the land to the public for sale. Such method may include:

a) sale by public tender;
b) engaging a real estate firm(s) or broker;
c) direct sale;
d) other method as determined by Council.

3.2.1 Unsolicited Offers

a) unsolicited offers to purchase real estate may be considered by Council;
b) where more than one (1) person has expressed an interest in purchasing real property, or whether Council believes it to be in the best interest of the municipality, Council may by Resolution direct that the real property be sold by tender.

3.3 Appraisal – The Municipality shall, prior to the sale of any land:

a) obtain at least one appraisal of the land in the manner as deemed appropriate by Council;
b) notwithstanding the foregoing, the Municipality shall not be required to obtain an appraisal with respect to the sale of those classes of land set out in Section 4 hereafter, however, Council may, at its discretion, determine that an appraisal is necessary for such sale.

3.3.1 In addition to any appraisal, if obtained, Council may also determine the sale price for land in any other manner including, but not limited to:

a) consultation with a qualified appraiser or real estate agent;
b) comparison of similar land within the immediate geographic area;
c) including any anticipated costs to be incurred by the municipality with respect to the sale including legal fees, survey, appraisal and advertising.

3.4 Public Notice

a) Prior to the sale of any land, the municipality shall give notice to the public of the proposed sale as set out in the municipality’s Public Notice by-law.

4. WHERE APPRAISAL IS NOT REQUIRED

4.1 No appraisal is required for the sale of the following classes of land;

a) 0.3 metre reserve – land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act.
b) highways – a closed highway if sold to an owner of land abutting the closed highway.
c) railway lines – land formerly used for railway lines if sold to an owner of land abutting the former railway land
d) no highway access – land that does not have direct access to a highway, if sold to an owner of land abutting that land.
e) Expropriations Act – land repurchased by an owner in
accordance with s.42 of the Expropriations Act.
f) Municipal Act, 2001, as amended – land sold under s.107 (Grants in Aid) or s.108 (Service to Small Business).
g) easements – easements granted to public utilities or telephone companies.
h) other municipalities – land sold/transferred to a municipality.
i) Local Boards – land transferred to a Local Board including a School Board or Conservation Authority.
j) the Crown – land transferred to the Crown in Right of Ontario or Canada or their agents.

5. CLERK’S CERTIFICATE

5.1 The Clerk of the municipality shall issue a Certificate with respect to the sale of land verifying that to the best of his/her knowledge, the requirements of the municipality’s by-laws have been completed in accordance with the requirements of the municipality.

6. GENERAL

6.1 Adjournment: Notice deemed to continue
Where notice of a public meeting or notice of intention to pass a by-law has been given in accordance with this by-law, Council may adjourn the public meeting to another specified date, or may adjourn to continue consideration of the by-law to another specified date. On such subsequent date, notice shall be deemed to have been sufficiently given to continue the public meeting or consideration and pass the proposed by-law.

6.2 More comprehensive Notice
Nothing in this by-law shall prevent the Clerk from using a more comprehensive method of giving Notice or providing for longer or shorter Notice period, so directed by by-law/resolution of council.

7 REPEAL

7.1 By-Law No. 1013 is hereby repealed.

8. EFFECTIVE DATE

8.1 This by-law shall become effective on the date of passing.

8.2 Provided however, that any procedure followed under the repealed by-law prior to the effective date of this by-law, shall be deemed to be in compliance with the Municipal Act and this by-law with respect to any sales of land that are completed on or after the effective date.

THIS BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND FINALLY PASSED THIS THE 6TH DAY OF MAY, 2008

THE CORPORATION OF THE
TOWNSHIP OF NIPISSING

____________________________ c/s
Wendy Billingsley, Mayor

____________________________
Cindy Piper, Clerk-Treasurer