STAFF BRIEFING NOTES

LAND RELATED MATTERS

Zora Crnojacki

Land Matters

References:

Prefiled evidence

IR 36; 37; 38; 39; 40

Supplementary IR 9; 10

Background:

•	The width of the right of way is (look at the table obtained in the IR)

•	There are 2 loops there are 3 loops exhisting...give the table or range and

•	According to Section8/Schedule 3 in total, along Beachville Bright there are 29 private landowners, local and regional municipalities, Ministry of Transportation, Upper Thames River CA, and Union owns some right of way lands.

•	According to Section8/Schedule 4 in total along Owen Sound to Brantford there are 29 private landowners, 2 corporate landowners (Paris Pits Ltd., Blue Circle Canada), Canadian Pacific Ltd. (permit), local municipality T. of North Dumfries (road allowance), Regional Municipality of Waterloo, Grand River CA (2 locations) MNR (water-lot plan), MoT (highway crossing) and Union owns some right of way lands.

•	Total area of permanent easement required is 43.1 hectares for Owen Sound to Brantford and 54.1 hectares for Beachville to Bright.

•	Total area of temporary easement required is 16 hectares for Owen Sound to Brantford and 10.5 hectares for Beachville to Bright.

•	Temporary easements are in the form previously approved by the Board. Temporary easements last for 2 years beginning in the year of construction, to allow Union to perform further clean-up. (Ref. Evidence Section 8/par. 3/p1.)

•	Permanent easement form was approved by the Board in EBLO 251 (NPS48 Bright to Owen Sound, 1996).(Ref. Evidence Section 8/par 5/p1.) The form was changed as a result of negotiations between Union and landowners in EBLO 267 (Dawn to Enniskillen) and RP-1999-0047 (Century Pools II). This changed form was offered to all landowners who signed previously and to all unsigned landowners.

•	Union submitted a form of permanent easement updated with highlighted changes in response to IR 40. It was offered to all unsigned landowners as well as to all previously signed.

•	Negotiations for land rights between Union and landowners is a 2 stage [process. In the first stage Union works with a landowner committee to develop terms of the LoU which will serve as a framework for negotiations with individual landowners. In the second stage Union negotiates with individual landowners. Also, Union aligns an independent qualified real estate appraiser to prepare a report on baseline value of land along the route.

(Ref. Evidence Section 8/par. 8/p2)

•	updated version of the Letter of Understanding in the fall 2000.

•	According to the Supplementary IR 9, as of .....1999, there were 8 unsigned agreements, 4 of which involved the issue of sterilized gravel.

OS.B # 5 - Blue Circle Canada Inc.

OS.B # 35,36, and 39 - Paris Pits Ltd.

•	The following landowners did not sign the agreements as of...the reasons....

•	LoU has the following sections we will cover each in the hearing: (Zora indicate the areas in the LoU that have been changed (improved) since 1994 LoU)

•	Pipeline construction procedures

•	Liability

•	Water Wells

•	Land Rights (permanent easements)

•	Temporary land use agreements

•	Damage payments-disturbance damages

•	Construction damages-crop

•	Construction damages-woodlots and hedgerows

•	general matters of damages

•	post-construction and pipeline operation issues

weed and brush control

non-cultivated lands

damages from pipeline operations

•	landowner relations and terms of reference of Joint Committee

•	Woodlot evaluation

•	aesthetic tree evaluation

•	schedule of rates for work performed by owners of land

•	wet soil shut down

Questions:

1.	As of ...... there were 8 outstanding easement agreements between Union and affected landowners. Out of these 8, 4 involve gravel sterilization issue with Blue Circle Canada Inc ( 1 agreement) and with Paris Pits Limited (3 agreements). These 4 outstanding "gravel easements" are located along Owen Sound-Brantfrod loop.

Please describe the current status of negotiations between Union and Blue Circle canada and Paris Pits Limited.

2.	Identify remaining outstanding easement agreements specifying:

location

landowner names

status of negotiations

prospects of negotiations

3.	Regarding corporate landowners and the crown landowner please indicate the form of easement agreement. Is the form different from that offered to private landowners ?

If there is a different form for corporate and crown landowners please undertake to file with the Board forms of the agreements.

4.	For the sections of the Beachville-Bright that will be located within the municipal road allowances (e.g. Township of Zorra; Township of East Zorra-Tavistock; Township of Blandford-Bleinheim; County of Oxford) are the permits wfrom the municipalities obtained ? If not what is the status and prospect of the permit application process ?

5.	Same question for the regional road administered by the Ontario MoT...

6.	Same question for Upper Thames River Conservation Authority...

7.	When were the changes to the standard easement agreement form made ? Is the revised form presented and approved in the RP-1999-0047 (Century Pools II) proceedings ?