An Act relating to the Corporation of Point Grey. W [Assented to 11th December, 1925.] HEREAS the Corporation of Point Grey has by its petition Preamble. represented that the said Corporation is a municipality within the meaning of the "Municipal Act" and "Local Improvement Act," and that it is necessary in the interest of the inhabitants and ratepayers of the municipality to enact the provisions hereinafter contained, and has prayed that the same may be enacted accordingly: And whereas it is expedient to grant the prayer of the said petition: Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: Short Title. 1. This Act may be cited as "Point Grey Improvement Act Short title. Amendment Act, 1925." 2. The" Point Grey Improvement Act," being chapter 49, Statutes Amends "Point Grey Improvement of British Columbia, 1924, is hereby amended by inserting between Act." sections 1 and 2 thereof the word and numeral: "PART I." 3. Said "Point Grey Improvement Act" is hereby further amended Amends "Point Grey Improvement by adding thereto the following as Part II., comprising sections 10 Act." to 43, inclusive: "PART II. "10. (1.) In this Part, unless the context otherwise requires:- Interpretation. "Assessed' means assessed upon the last revised assessment 6 roll of the Corporation pursuant to the Municipal Act': Undertaking the replotting. (AMENDMENT). "Certified' means certified by the Clerk under the seal of the "Clerk' means the Municipal Clerk of the Corporation: "Former parcel' means a parcel existing prior to the comple- "Highway' or 'street' includes all public highways, streets, roads, alleys, lanes, thoroughfares, trails, bridges, and any other public way: "Land Registry' means the Land Registry Office for the Vancouver Land Registration District: "New parcel' means a parcel created or intended to be created by the undertaking: "Non-consenting owner' means an owner who has not approved a scheme of replotting and given the consent as mentioned in section 11: "Owner' means the purchaser of land from the Crown or the Corporation under agreement for sale, the registered owner of an estate in fee-simple in and the registered holder of a charge upon land as defined by the Land Registry Act,' and a tax-sale purchaser of land, and shall include the Corporation: "Parcel' means any lot, block, or other area in which land is held or into which land is subdivided, or into which land is replotted pursuant to this Act: "Registered' means registered or recorded in the books of the Land Registry: "Registrar' means the Registrar of the Vancouver Land Registration District: "Undertaking' means the preparation and carrying-out of a replotting scheme pursuant to this Act: "(2.) An official title shall mean and include the person performing the duties of that office during its vacancy or during the incapacity, absence, or suspension of the person holding such title. "Initiation of the Replotting. "11. Upon having procured the approval of a scheme for replotting and resubdivision of a district by the owners of at least twothirds in number of the parcels of land within the district (exclusive of unsold lands of the Crown and of the Corporation) constituting at least fifty per cent. of the assessed value of such land, and their written consent to the relocation and exchange of private properties according to such scheme, the Council may by resolution undertake ·(AMENDMENT). the completion and the putting into effect of such scheme without the consent of the other owners, pursuant to this Act. for notation in "12. (1.) A certified copy of such resolution shall be filed in the Copy of resolution Land Registry, whereupon the Registrar shall cause a note thereof Land Registry. by its filing number and series (which series may be the same as that which includes caveats) to be made upon the registers of titles of all parcels affected thereby, and thereupon the undertaking shall be deemed to be initiated. "(2.) If the undertaking is discontinued by resolution of the Cancellation. Council, the Registrar shall cancel such note upon the filing of a certified copy of such resolution in the Land Registry. "(3.) Such note shall be notice to all persons having any unregis- Effect of notation. tered interest, right or claim in, to, or out of the affected parcels and to all persons subsequently dealing therewith that a scheme for the replotting thereof has been authorized, and such persons shall be bound by all proceedings under this Act taken before such notice and which may be taken thereafter. unregistered "(4.) No person having any right, title, interest, claim, or demand No notice to in, to, out of, or upon any land in the district, not duly registered persons. prior to the initiation of the undertaking, shall be entitled to notice of any proceeding under this Act. "(5.) Any allotment, decision, award, consent, or other proceeding under this Act shall be binding upon and enure to the benefit of the owner of the land thereby affected, his heirs, executors, administrators, successors, and assigns. "Principles of Replotting and Compensation. "13. In carrying out the undertaking the following principles of Principles of replotting and compensation shall apply: replotting. "14. (1.) For the purpose of the undertaking all the parcels and A common mass. highways and all other lands in the district at the initiation of the undertaking are hereinafter referred to as 'common mass' or 'mass.' "(2.) From this common mass is to be taken the land necessary Highways. for highways and other public grounds, and this shall take the place of and compensate the Crown and the Corporation for the surrender of the former highways and public grounds. parcels. "15. (1.) The remainder of the mass shall be divided into parcels Division into for allotment to the owners in a suitable, fair, and equitable manner, and as far as possible so that the new parcels allotted to them shall be equal respectively to the values of their former parcels. Endeavour shall be made to allot to owners new parcels in approximately the same location as their former parcels and to return to their former owners, wherever advisable, improved parcels and parcels having any special value. Parcels with buildings on them are, wherever advis able, subject to the necessary adjustment of boundaries, to be returned to their former respective owners. By agreement. Failing agreement. Compensation. Allotment of remainder. Mortgage for difference in value. Corporation may acquire encumbrances. Alterations in scheme. Allotments to be binding. Compensation for loss and damage. Determination of compensation. (AMENDMENT). "(2.) The allotment of new parcels in exchange for former parcels shall be carried out as far as possible by agreement with the respective owners. "(3.) Failing agreement with an owner, there may be allotted to him a new parcel of equal value as far as possible to his former parcel, or compensation in money may be made to him in lieu of an allotment of land. "(4.) Unavoidable differences of value between former parcels and new parcels may be equalized by granting money compensation. “(5.) Any land not allotted as above provided may be allotted to any owner at an agreed price, the amount of which shall be paid to the Corporation. The whole of the land remaining unallotted shall be allotted to the Corporation. "16. By agreement with an owner a new parcel may be allotted to him of greater value than his former parcel and a mortgage taken by the Corporation from the owner for payment of the difference in value with interest thereon as may be agreed. "17. The Corporation may, subject to making compensation therefor, acquire any encumbrance against a former parcel and hold it as an encumbrance against the new parcel allotted to the owner of the former parcel, and take all necessary proceedings for the collection of the amount due under and by virtue of such encumbrance and for the realization of the security secured thereby. "18. Alterations may be made in the scheme before its completion, provided that they do not affect the owners who have consented as aforesaid or that the consent of such owners is obtained. "19. Upon completion of the undertaking, the replotting scheme and the allotments of land pursuant thereto shall be absolutely binding to all intents and purposes upon all the owners in the district, subject only to the right of the non-consenting owners to complain as to the inadequacy of compensation proposed or the failure to propose compensation. "20. Each non-consenting owner shall have the right to compensation in money :— "(1.) For the loss of value of the former parcel in so far as adequate compensation is not afforded by the new parcel allotted: "(2.) For the loss of or damage to buildings, improvements, and appurtenances upon or to the former parcel: "(3.) For the loss of income from the use of buildings or the "21. (1.) In determining the amount of compensation:- (AMENDMENT). or initiation of the undertaking shall not be taken into "(b.) A new parcel shall be valued at its market value upon the completion of the undertaking. "(2.) No person shall be entitled to compensation for :- incurred or sustained in investigating the replotting pro- "(b.) Any actual or anticipated loss or inconvenience of access "(c.) Any actual or anticipated loss, damage, or inconvenience suffered in common with all or by the major part of other owners: "(d.) Any building or structure constructed, erected, placed, or "Completion of the Undertaking. "22. Upon request of the Clerk or of any person duly authorized List of owners. by the Council, and upon payment of such reasonable fees for the work involved as the Registrar may prescribe, the Registrar shall furnish him with a list of the registered owners of all parcels of land in the district at the time of the initiation of the undertaking, together with their addresses. "23. Within three months after the initiation of the undertaking Completion of the the Council shall by resolution either: "(1.) Discontinue the undertaking; or "(2.) Authorize the completion of the undertaking and the putting into effect of the scheme of replotting and the deposit in the Land Registry of a plan of the replotting made in compliance with section 80 of the Land Registry Act,' and a certificate giving the names and addresses of the owners to whom the new parcels have been allotted, with particulars of the allotments and of the owners' respective former parcels, which plan and certificate shall be signed by the Clerk and sealed with the seal of the Corporation. Upon such deposit the undertaking shall, upon payment of the proper fees, be deemed to be completed, and the Registrar shall: undertaking and registration at Land Registry. |