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Cabin squatters beware
Government warns of crackdown on unauthorized shack builders near YellowknifeChristina Gray Northern News Services Published Monday, December 21, 2009
"The plan of action to deal with current trespassers is to have them removed," said Bev Chamberlin, director of land administration for Municipal and Community Affairs (MACA), adding this action will occur as resources permit.
MACA is getting ready to address the issue of lease agreements at Cassidy Point, and elsewhere on Prosperous Lake, Banting Lake and Walsh Lake.
The government has halted any further leasing of property in that area until a two-year assessment of current leasing practises is complete.
The assessment, called the Recreational Leasing Policy Framework, will address the need for development controls and environmental protection, said Chamberlin.
"We don't have any rules on what they can and cannot build so ... we'll be developing those types of controls so that we're not seeing three and four storey summer homes out there when we're really only allowing the use of the land for recreational cabins."
The issue is being addressed now because of demand and problems with trespassing, she said.
"It's mostly being driven by the pent-up demand that we have in this particular area for recreational land and then also pressure from the public and to deal in a more direct way with trespassers."
MACA has done several studies over the last few years on squatter issues, said Chamberlin.
"We've got a good base of data from which to use to identify where the trespassers are," she said.
Chamberlin said the department is aware of at least five squatter cabins, but there could be more deeper in the bush.
Leaseholders like Murray McMahon, who has held a legitimate lease since the 1970s, also know where the trespassers are.
He can see them across the lake from his place on Cassidy Point, he said. And these aren't just temporary trespassers. Some have built structures, docks and even have flagpoles out front, he said.
And, while he said he's sure the policy and policy-makers have good intentions, he's not entirely convinced MACA will follow through with its plan to enforce the policy. Over the years he's seen them try to do similar things without much success.
"The policy is wishy-washy, they never enforce what they say they're going to do," he said. "MACA seems to be hamstrung by the legislature and the minister of the day because they seem to call the shots in the end."
One of McMahon's concerns is that the squatters will be allowed to apply for leases after the assessment is complete.
"I've paid well over $10,000 in lease payments and a similar amount in property taxes to maintain a legitimate lease, meantime the squatters haven't paid a cent," he said.
The assessment will address trespassing in detail, said Chamberlin but since the process has just begun, those issues haven't been figured out yet.
There are currently 55 to 60 legitimate leases around the lakes in question, but these won't be affected as MACA is only halting new leases. MACA has taken squatters to court in the past.
The territorial government launched a civil claim of trespassing against Clem Paul in August 2005 for building a cabin on Prosperous Lake without authorization. Paul is claiming aboriginal rights to the land.
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