HomeMy WebLinkAboutKIN 95 020 Real Prperty Dispsal
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1995-20
A BY-LAW TO ESTABLISH PROCEDURES REGARDING THE SALE OF REAL
PROPERTY.
WHEREAS Section 193(2) of The Municipal Act, R.S.O., 1990,
Chapter M.45, as amended, requires a Council of a municipality
to pass a by-law to establish procedures governing the sale of
real property owned by the municipality;
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
Definitions
1. (1) For the purposes of this by-law:
(a) "appraisal" shall mean a written op~n~on as
to the amount that the real property might be
expected to realize if sold in the open
market by a willing seller to a willing
buyer.
(b) "Town" shall mean The Corporation of the Town
of Kincardine.
"disposal" shall mean the
property or the lease of real
period of 21 years or longer.
(d) "public notice" shall consist of the
publication of a summary of the contents of
the Councilor Committee report in a
newspaper having general circulation within
the Town prior to the date of the Committee
or Council meeting, as the case may be, at
which the disposal is to be considered.
(c)
sale of real
property for a
Surplus Lands
2. Prior to the disposal of any real property, the Council
shall by resolution declare the real property to be
surplus.
Annraisals
3.
Except for disposals of those classes of property, or
to those classes of public bodies exempted by The
Municipal Act, the clerk-administrator shall, prior to
the disposal of the real property, obtain at least one
appraisal of the property. For those classes of
property, or to those classes of public bodies,
exempted by The Municipal Act, refer to Schedule "A"
attached to and forming part of this by-law.
Disposal of Property By-Law
Page 2
· Pnblic Notice
4. (1)
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(2)
The clerk-administrator shall ensure that public
notice of the disposal of real property shall be
effected prior to the passage of the by-law
approving the disposal of the real property of the
Town.
Notwi thstanding subsection (1), in the event that
notice to the public is specified by statute, the
clerk-administrator shall ensure that notice in
accordance with the provisions of the applicable
statute are effected, in addition to the public
notice required by this by-law.
Public Reeister
5.
A public register shall be available for inspection
during regular office hours, listing and describing the
real property, owned and leased by the Town, save and
except for those classes of real property which may be
exempt from listing in the public register by the
Municipal Act, or the regulations made pursuant
thereto, as the same may be amended from time to time.
Those classes of real property exempt from the said
register are outlined on Schedule "A" attached to and
forming part of this by-law.
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Effective Date
7. This by-law shall come into full force and effect upon
its final passage.
Title
8.
This by-law may be
By-law" .
cited as the "Real Property Disposal
READ a FIRST and SECOND time this 16th day of March, 1995.
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READ a THIRD time and FINALLY PASSED this 6th day of April,
1995.
~q~
Mayor
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Real Property Disposal By-Law
SCHEDULE "A"
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EXEMPTIONS OF CLASSES OF REAL PROPERTY
1.
Land 0.3 metres or less in width acquired in connection
with an approval or decision under the Planning Act.
2. Highways, roads and road allowances (excepting leases in
excess of 20 years).
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.
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Land to be used for sites for the establishment and
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.
1.
2.
3.
· 4.
9. Land sold under the Municipal Tax Sales Act.
EXEMPT CLASSES OF PUBLIC BODIES
Any municipality, including a metropolitan, regional or
district municipality and the County of Oxford.
A local board as defined under the Municipal Affairs Act.
An authority under the Conservation Authorities Act.
The Crown in Right of ontario or of Canada and their
agencies.
PROPERTIES EXEMPT FROM LISTING IN REGISTER
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. Land formerly used for railway branch lines.
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