A Foothills MLA wants to eliminate squatters’ rights in Alberta with a private members bill, now before the provincial legislature.
Livingstone-Macleod MLA Pat Stier is taking a second attempt at beefing up property rights in Alberta and is targeting adverse possession rules, also known as squatters’ rights, in the process.
Essentially, it allows someone to stake a claim to another person’s property if certain factors are met, he said.
Stier said it’s a leftover from the past that doesn’t fit the modern world.
“This has been on the books for years and years since the old days of the pioneer days and we’re one of two provinces – Nova Scotia’s the other – that has it on the books,” he said. “We’re gonna toss it out because it’s ridiculous in this time and age to have something like that.”
MLA Pat Stier introduced private members legislation Bill 204 – Protection of Property Rights Statutes Amendment Act last month.
The bill replaces similar proposed legislation Stier brought forward in fall 2016 that died on the order paper when the provincial government prorogued the legislature before the spring session.
“It’s the same bill, except that we have added in the issue of squatter’s rights,” he said.
So far, Bill 204 has received first reading in the provincial legislature.
Stier said he is not aware of cases of adverse possession in the Foothills. However, he said there was a recent case near Cardston where someone lost a piece of land under squatters’ rights provisions.
Stier said adverse possession is recognized under Alberta’s Land Title Act.
For example, said Stier, a landowner whose property is split in two by a road or a stream who allows someone to use part of the land on the opposite side as they see fit without an agreement.
“If those sets of conditions happen, that other fellow can, if he chooses, run in after a period of 10 years having lapsed and seek to get title for that property under adverse possession rules,” he said.
If passed, Bill 204 would also overturn parts of provincial land-use legislation Stier argues infringes on basic property rights.
He said he wants to correct several provisions in the Alberta Land Stewardship Act (ALSA) that have long been criticized for impacting property rights.
Bill 204 targets sections of ALSA he says infringe on the right for recourse through the courts, the right for fair and timely compensation and the right for fair hearings.
“Those things we were trying to correct was what really started most of us to get involved with the Wildrose,” he said.
The former Progressive Conservative government approved ALSA in 2009.
It came under heavy criticism from opponents saying provisions within the law infringed on property rights, didn’t allow for compensation, restricted municipal decision making and didn’t let people challenge regional plans in court.
Stier said ALSA allows the government to repeal statutory consents, such as water licences, grazing leases, oil and gas leases, forest management agreements and gravel extraction permits. Stier said ALSA puts too much power in the provincial government’s hands. He said provisions in the legislation limits people’s rights to make claims against the government and others limit the role and authority of the courts. Other sections limit municipalities and, Stier said it goes so far as to trump other provincial acts.
If approved, Bill 204 would give anyone who has a statutory consent rescinded the right to go to court to recover any potential financial losses from the government.
The Western Wheel attempted to get a comment from the office of Alberta Environment Minister Shannon Phillips, but no response was received before deadline.
