The City of Fredericton is proceeding with its plan to remove several businesses and the New Brunswick Exhibition from the Exhibition Grounds. An expropriation and litigation lawyer, Robert Pineo, expressed uncertainty about the city’s chances of success, highlighting the complexity of the situation.
The city officially announced its decision to expropriate during a council meeting on September 22, with the registration of the expropriation notice following on October 16. According to the regulations, interested parties have until November 17 to contest the expropriation after the notice is registered.
Robert Pineo noted the unusual nature of this case, as both the city and the exhibition group have valid public purposes for the property near downtown Fredericton. The concept of public purpose focuses on how the land will benefit the community post-expropriation, requiring the city to justify its actions.
The city’s intended public purpose includes making the land available for housing, a middle school, commercial spaces, and various community facilities. However, Pineo emphasized that the exhibition’s agricultural events and community-gathering role also serve as valid public purposes, potentially complicating the expropriation process.
The history of the Exhibition Grounds spans nearly two centuries, with the New Brunswick Exhibition leasing the land from the city since 1948. Pineo highlighted the unique aspects of this case, particularly the expropriation of a leased property with multiple commercial activities, a scenario uncommon in Atlantic Canada.
Regarding compensation for losses, Pineo explained that expropriated parties can seek compensation determined by an expropriation officer, covering expenses like relocation costs and revenue losses. He also mentioned the right to challenge the expropriation and seek redress through a public hearing and potential appeals process.
In light of the legal complexities and public implications, Pineo emphasized the challenges of overturning a hearing decision and indicated that public opinion could play a significant role in shaping the outcome of the expropriation process.