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Bayview Estates expropriation going ahead
Council approves recommendations to claim portion of condo property for water and sewer lines

Simon Whitehouse
Northern News Services
Published Wednesday, November 16, 2011

SOMBA K'E/YELLOWKNIFE
The city is going ahead with its plan to expropriate a 900 square-metre corridor of land from the former Bayview Estates property owned by Edmonton-based developer Mike Mrdjenovich.

City council accepted a mediation report Nov. 7 recommending the city claim this portion of land to house water and sewer lines to service nearby residential development.

Mrdjenovich, owner of Nova Builders, objected to the city's demands earlier this summer so the two parties agreed to an expropriation hearing Oct. 27. Hearing officer Donald Mallon ultimately sided with the city, although he criticized the lack of communication offered to the developer.

Mallon wrote the city should "proceed in some form" with the expropriation, however, slight modifications were suggested. These include "the proposed easement be narrowed of six meters in width from the original 10," and that a "portion of the easement dedicated to serving the Phase V hydrant vault be eliminated."

Mrdjenovich would not comment on the hearing officer's recommendations when contacted by Yellowknifer last week.

Mayor Gord Van Tighem said even though the hearing officer approved the expropriation process, Mrdjenovich still has the option to appeal the recommendations if he chooses.

City councillor Bob Brooks called the hearing officer's recommendations "a compromise for both parties, while accommodating what was required by the city."

"What is now being suggested is reasonable for both (the city and the developer)," said Brooks.

Coun. David Wind said he was happy the city is at least trying to find some compromise between the city and Mrdjenovich.

"I am pleased to hear that administration is making more efforts to reach negotiated agreements with Mr. Mrdjenovich as opposed to using the blunt instrument of expropriation," Wind said.

City administrator Bob Long and public works director Dennis Kefalas told council that the city hopes to finalize the project and have water and sewer connections in before Christmas.

"There was a very legitimate need for this location," Long said. "We didn't attempt to expropriate land. We are only interested in easement. We're interested in mitigating any complications this may give the landowner so that we can accommodate

the interests that are there."

Mrdjenovich purchased the derelict condo development at Bayview Estates for $5.6 million after a bank foreclosed on former owner Bond Street Properties in 2009. The incomplete buildings on the 7.61-acre property are falling into a state of disrepair and no work appears to have taken place in many years.

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