Canadian Pacific Railway plans to resume clearing land along Arbutus corridor
Tonight, Global TV reported that crews working for Canadian Pacific Railway will be back on the Arbutus corridor in the Marpole area on Tuesday (February 10), much to the consternation of those living in the area.
The work will reportedly begin along the track near West 70th Avenue.
Shortly before last November's civic election, Canadian Pacific Railway promised not to bulldoze any more community gardens until December.
Last month, B.C. Supreme Court Chief Justice Christopher Hinkson rejected the City of Vancouver's application for an injunction to stop CP Rail from resuming its work.
Hinkson concluded that the railway had legal authority over its 8.82-kilometre strip of land along Vancouver's West Side.
The corridor, which is mostly 66 feet wide, runs from West 1st Avenue and Fir Street south to Milton Street, according to Hinkson's ruling, ad covers 17 hectares.
In recent years many Vancouver residents and groups have created community gardens along the property.
Hinkson noted that one of the oldest, which is between West 49th and West 54th avenues, was created during the Second World War.
"Other individuals have used parts of the Corridor as a foot and bicyle path," he stated. "Others have used the Corridor as a place to park their cars."
The City of Vancouver argued in court that the railway had effectively abandoned the corridor, which would mean that it no longer fell under the jurisdiction of the federal government.
However, Hinkson rejected this argument, as well as the city's claim that the demolition of gardens was contrary to the official development plan.
"CPR maintains that its infrastructure strategy includes reinvestment in rail infrastructure and elimination of any redundant or seldom used track infrastructure on or adjacent to its main line," Hinkson concluded. "It argues that in or around April 2014, when it determined that a sale of the Corridor to the City appeared unlikely to be achieved in the foreseeable future, it decided to use the Corridor for purposes of rail car storage to reduce congestion on its main line and within its Port Coquitlam Yard. CPR says that this will reduce costs and assist performance and serve CPR’s overall operations strategy."
Comments
10 Comments
Hermesacat
Feb 7, 2015 at 8:04pm
As a park user, even though I'm not a gardener who gets to harvest & eat the veggies, I still find it pleasant being able to see & walk through community gardens & enjoy being among the flowers & veggies. If the many Arbutus corrider gardeners are getting evicted, I'd like to see the City designate more garden plot areas on public land, including in parks. The City Hall community garden is fairly small at the moment. It could be expanded too.
ACMESalesRep
Feb 7, 2015 at 10:59pm
I fail to understand the city's argument (as did Justice Hinkson, obviously). The land was granted to CP as payment for extending rail service to Coal Harbour and relocating the company's terminal from Port Moody, and much of what was granted – i.e. Shaughnessy – was then sold off for development. Whether the company maintained rail service or not on the corridor it chose to keep is irrelevant to the question of ownership.
I appreciate that the city would like to obtain the corridor, but as an owner CP is well within its rights to hold out for what it considers fair market value. Council is simply going to have to negotiate and accept that the land may not be available for a (relative) pittance.
AC
Feb 8, 2015 at 7:58am
It is CP's land so anything less than manicuring it for rail operating purposes is long overdue. But their early bullying tactics were less than desirable - making hostages out of recreational gardeners who had made the most out of an unmaintained bushy field for years. It was clear early on, CP waged negotiations with the City with no plans but to make money off the property.
Andrew
Feb 8, 2015 at 5:26pm
How about restoring the passenger service to the line!
John
Feb 8, 2015 at 6:03pm
What we've got here is a stand off. CP will exercise its ownership rights along this marginal track to spite the City's refusal to buy at and what CP wants (arguing on adjacent land costs). But CP is clearly acting contrary to general ideas of best use of that land. As is their right. Jerks.
How long,
Feb 9, 2015 at 10:37am
how long, has that evening train been gone?
CP has no plans for this line.
150 years of greed, arrogance, and pettiness from this long-time corporate parasite.
SPY vs SPY
Feb 9, 2015 at 12:12pm
One simple way to describe CP Executives - Is that they are just ASS HOLES!!!!
Using the Arbutus Rail Line as a storage area for rail cars - will create an EXTREME HAZARD for anyone wanting to use the area as a hiking trail.
When the Engines come to hook up to the parked rail cars - this will create an enormous amount of noise.
Young kids who may wish to cut across the tracks - could be caught under rail cars or between rail cars - when the engines start to push the cars either forward or backward.
The very simple solution to this problem is for the Federal Department of Transportation to RULE THAT RESIDENTIAL NEIGHBORHOODS - ARE NOT SAFE PLACES FOR RAIL CAR STORAGE AREAS AND BAN CP FROM USING THE ARBUTUS TRACKS AS A RAIL CAR STORAGE AREA!!!!!!!!!!!!!!!!
Possibility that the Current Conservative Party Minister of Transportation will act in the best interests of Vancouver Citizens - ZERO PERCENT!!!!
Steven Harper's days are numbered - and the number gets smaller every day
Tommy Khang
Feb 10, 2015 at 8:56am
Look. If you wanted to garden sell your little condo and buy a house with a yard. We don't live in a socialist utopia where the ownership of private property doesn't exist so until that happens, these gardeners really have no case.
Finbarr Saunders
Feb 10, 2015 at 2:16pm
Public opinion on this entire topic would be completely different had Kerrisdale resident Pamela Sauder not stood up at a city council meeting and uttered the words "We are the crème de la crème in Vancouver" as she spoke against development on the Arbutus Line.
Yep, that creme de la creme comment has stuck with Vancouverites for decades, and is probably at the root of all the animosity and lack of sympathy being shown to the residents along the Arbutus corridor.
Well done Pamela!
Anonymous
Feb 11, 2015 at 7:12am
The line was once a light rail interurban service from downtown to Marpole then splitting to Steveston and New Westminster. A truly progressive city would buy the land, run light rail down the corridor, Develop any larger pieces left over into low income housing, and work bike paths, parks, and gardens into the area that is left over. Unfortunately the politically connected who live in this area have already rejected any form of transit or development on 'their' corridor.