Book highlights Oak Bay homeowners’ $700K headache

Fraser Institute author, Mark Milke, argues against government “expropriation” of private land

The case of Oak Bay homeowners who spent $700,000 on a government-ordered archeological dig is among those included in a new book that argues properties are devalued by government regulation.

“If government wants something for a public end, whether its to protect archeological artifacts or to put a highway through … there’s a case to be made for compensation, especially when it gets to such an egregiously high levels as it has in Oak Bay,” said Mark Milke, senior fellow at the Fraser Institute and author of Stealth Confiscation: How Governments Regulate, Freeze, and Devalue Private Property – Without Compensation.

Milke discusses the 2007 situation that saw Oak Bay residents Wendi Mackay and her husband Robert Edwards pay $200,000 for an archaeological dig after having discovered remains during redevelopment of their property. The couple claims to have spent a total of $700,000 after all the fees and legal costs were tallied – a cost they managed to afford, Milke said, but one other property owners would find an insurmountable hurdle to development.

“These sorts of regulatory actions, when they start to cost that much money, we’re not talking about buying a parking permit for your street… It really becomes akin to expropriation. If it’s designated as public good – and this idea of archaeological preservation is – then there has to be some attention given to the possibility of compensation, otherwise there are a lot of people who won’t be able to do anything with their properties.”

Also covered in the book: the remains discovered on private property near the Royal Victoria Yacht Club, a find which halted plans to build a $1-million home and sparked a police probe into allegations that the property’s owners violated the Heritage Conservation Act.

“The common link between all the cases is that governments increasingly avoid expropriation directly and instead regulate the property for some public purpose,” Mark added. “Governments are increasingly using regulation in the same way, except there’s no compensation attached.”

Milke will be discussing these cases during a Fraser Institute policy briefing at the Union Club on Jan. 29. Tickets to the talk are $40, available through fraserinstitute.org.

 

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Royal Roads University president Philip Steenkamp said they are aware of hateful graffiti spray-painted in an area of the forest surrounding the campus. The graffiti in question includes anti-Semitic content and a racial slur towards Black people. (Facebook/Royal Roads University)
Anti-Semitic, hateful graffiti spotted in forest near Royal Roads University

Royal Roads working with West Shore RCMP to remove graffiti “as soon as possible”

A cougar was spotted at Royal Roads University on Sunday, Jan. 24. The sighting was reported on the western edge of the campus. (File photo)
Cougar spotted at Royal Roads University Sunday afternoon

Animal reported on western side of campus near Colwood Fire Department

Saanich-based St. Luke’s Players community theatre company has been making the most of their opportunities to keep busy during the pandemic, including staging a Christmastime panto of Alice in Wonderland on Zoom. (Courtesy St. Luke’s Players)
Saanich’s St. Luke’s Players: Bringing the stage to the people

Community theatre company holding online auditions Jan. 23-24 for March production

Frank Bourree was awarded the Greater Victoria Chamber of Commerce’s first Governors’ Award of Distinction for his leadership in the business community. (Courtesy of Frank Bourree)
Frank Bourree receives award of distinction from Victoria chamber

Award recognizes positive role model in business community

The Habitat for Humanity Meaning of Home contest is open to students in Grades 5 to 6. (Screenshot/Habitat for Humanity video)
Habitat for Humanity launches national writing contest

Entries accepted from students in Grades 4 to 6 until Feb. 19

Terrance Josephson of the Princeton Posse, at left, and Tyson Conroy of the Summerland Steam clash during a Junior B hockey game at the Summerland Arena in the early spring of 2020. (John Arendt - Summerland Review)
QUIZ: How much do you know about hockey?

Test your knowledge of Canada’s national winter sport

A woman injects herself with crack cocaine at a supervised consumption site Friday, Jan. 22, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Drug users at greater risk of dying as services scale back in second wave of COVID-19

It pins the blame largely on a lack of supports, a corrupted drug supply

Wet’suwet’en supporters and Coastal GasLink opponents continue to protest outside the B.C. Legislature in Victoria, B.C., on Thursday, February 27, 2020. THE CANADIAN PRESS/Chad Hipolito
‘We’re still in it’: Wet’suwet’en push forward on rights recognition

The 670-km Coastal GasLink pipeline was approved by B.C. and 20 elected First Nations councils on its path

The sky above Mt. Benson in Nanaimo is illuminated by flares as search and rescuers help an injured hiker down the mountain to a waiting ambulance. (Photo courtesy Nanaimo Search and Rescue)
Search plane lights up Nanaimo mountain with flares during icy rope rescue

Rescuers got injured hiker down Mt. Benson to a waiting ambulance Saturday night

Jennifer Cochrane, a Public Health Nurse with Prairie Mountain Health in Virden, administers the COVID-19 vaccine to Robert Farquhar with Westman Regional Laboratory, during the first day of immunizations at the Brandon COVID-19 vaccination supersite in Brandon, Man., on Monday, January 18, 2021. THE CANADIAN PRESS/Tim Smith - POOL
Top doctor urges Canadians to keep up with COVID measures, even as vaccines roll out

More than 776,606 vaccines have been administered so far

From the left: Midway RCMP Csts. Jonathan Stermscheg and Chris Hansen, Public Servant Leanne Mclaren and Cpl. Phil Peters. Pictured in the front are Mclaren’s dog, Lincoln and Peters’ dog, Angel. Photo courtesy of BC RCMP
B.C. Mounties commended for bringing firewood to elderly woman

Cpl. Phil Peters said he and detachment members acted after the woman’s husband went to hospital

Dr. Jerome Leis and Dr. Lynfa Stroud are pictured at Sunnybrook Hospital in Toronto on Thursday, January 21, 2021.THE CANADIAN PRESS/Frank Gunn
‘It wasn’t called COVID at the time:’ One year since Canada’s first COVID-19 case

The 56-year-old man was admitted to Toronto’s Sunnybrook Health Sciences Centre

An Uber driver’s vehicle is seen after the company launched service, in Vancouver, Friday, Jan. 24, 2020. Several taxi companies have lost a court bid to run Uber and Lyft off the road in British Columbia. THE CANADIAN PRESS/Darryl Dyck
Taxi companies lose court bid to quash Uber, Lyft approvals in British Columbia

Uber said in a statement that the ruling of the justice is clear and speaks for itself

Nanaimo Regional General Hospital. (News Bulletin file photo)
COVID-19 outbreak declared at Nanaimo hospital

Two staff members and one patient have tested positive, all on the same floor

Most Read