HomeMy WebLinkAboutBy-law No. 2002-059 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO.2002-059
A BY-LAW TO ESTABLISH A PROCEDURE GOVERNING
THE SALE OF MUNICIPAL OWNED LAND.
WHEREAS Section 193 of the Municipal Act,R S.O. 1990, Chapter M-45, as amended,requires that
every Council with authority to sell or otherwise dispose of real property shall, by by-law, establish
procedures governing the sale of real property.
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable to
provide for such procedures.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS.
1. "Definitions"
(a) "Appraisal" shall mean an estimate of fair market value and may include,but not limited to,
a real estate appraiser's letter of opinion of value.
2. Pursuant to the provisions of Ontario Regulation 815/94,the following classes of real property
may be sold without obtaining an appraisal under Subsection 193(4)of the Municipal Act:
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.
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. 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.
9. Land sold under the Municipal Tax Sales Act.
3. Before selling any real property not exempted under Regulation 815/94, Council shall:
(a) By by-law or resolution passed at a meeting open to the public, declare the property to
be surplus.
(b) Obtain at least one appraisal of the fair market value of the real property.
(c) Give notice to the public of the proposed sale in a newspaper that is, in the Clerk's
opinion, of sufficient general circulation in the area to give the public reasonable notice
of the proposed sale.
4. Pursuant to Section 193 (5) of the Municipal Act, as amended, the manner in which Council
carries out the sale of its property, if consistent with the procedures of this by-law and Section
193 of the Municipal Act, is not open to question or review by any court as long as Council
may lawfully sell the property,the purchaser may lawfully buy it and the Council acted in good
faith.
5. The Clerk may issue a certificate with respect to a sale of real property by the municipality
detailing compliance with Section 193 of The Municipal Act and this certificate shall be
sufficient proof that this section has been complied with as provided in subsection 9 and 10 of
section 193.
6. This by-law shall become effective on the third and final reading.
7. By-law 98-63 is hereby repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this ft day of
August 2002.
-ee."01—X. -244-4 A.,
MAYOR CLERK