Living next to one of Calgary’s light rail transit (LRT) stations can be a positive or negative, depending on who you ask. But time is running out for residents affected by city projects who want to file a claim if they feel it’s devalued their property, warranting compensation.
Jason Johnston said he knew living just steps away from an LRT station would increase his property value, but he understands why others don’t see it that way.
“We’ve seen an increase of traffic, of folks coming through the alley late at night that maybe weren’t there before,” Johnston said. “We’ve had break-ins with the cars out front here, but I haven’t personally experienced any of that.”
It has some residents wondering if their property value has taken a hit. If it has, the city is willing to compensate those affected.
Under the Municipal Government Act, the City of Calgary mailed out 15,000 letters on Sept. 14. It covers more than 600 projects completed between 1997 and 2015.
You have 60 days from the day it was mailed to file a claim proving the city project in question has devalued your home.
The reason so many notices went out is because they were missed for several years.
Andrew Barbero, with the city’s law department, said he’s not sure how that happened.
“The city is not saying there’s been any negative impact caused,” Barbero said. “The requirement for the city is to send notices, then it’s up to the landowners to decide whether or not there’s been a permanent reduction on the appraised value of their property and file a claim.”
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Those claims may be harder to prove, according to lawyer Michael Marion.
The project has to impact your home by merely existing.
You can no longer make an argument that the “use” of the project is hurting the price of your house.
“The city would likely take a position that if the project is a road-widening and will be something that is being used, the fact that it’s being used is not something that you can claim for,” Marion said.
Marion represents several residents who may be affected by the West LRT project, and says their concerns are legitimate.
“One of the main areas of claim would be where a project has impacted someone’s access and that has permanently reduced the value of their property.”
The deadline for the West LRT has passed. There were 702 notices that went out and 57 claims filed.
People with issues related to the projects mentioned in the September notices, including some LRT stations, still have time to file a claim.
The notices refer to the completed projects, but do not include construction.
More information can be found on the city’s frequently asked questions webpage.
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