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Expropriation attempt may land in court
Developer files objection to city plans for water and sewer

Daniel MacIsaac
Northern News Services
Published Wednesday, August 10, 2011

SOMBA K'E/YELLOWKNIFE
Developer Mike Mrdjenovich is carrying through on his threat to take the City of Yellowknife to court, again, by objecting to a plan to expropriate a portion of land at the former Bayview Estates project.

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Mike Mrdjenovich: "I paid money for (the land), and if they want it, they can buy it back off me."

City council passed a bylaw in the spring containing the city's notice of intention to expropriate a 900 square-metre corridor of land in order to construct a water and sewer pipeline, and Mrdjenovich, owner of Edmonton-based Nova Builders, had a 30-day period until the beginning of August to object.

Last Friday, Yellowknife Mayor Gord Van Tighem told Yellowknifer that's exactly what has happened.

"Before the end of the 30-day period, Mr. Mrdjenovich or a Nova lawyer filed a notice of objection that puts them on record as objecting to the plan," he said.

But while negotiations between the city and Nova have so far failed to resolve the issue, Van Tighem said there is still hope that the matter won't actually end up in court.

"This notice also opens the way for their lawyer to speak to our lawyer, so that there is still time to see if there is an opportunity for agreement," he said. "And, if not, then we'll be before the court."

Mrdjenovich, who did not return calls for this story, vowed last month to fight the city on the expropriation plan. Nova had purchased the former Bayview property for a listed price of $5.6 million with a plan to build 30 condominiums.

"I'm going to fight them every minute," Mrdjenovich told Yellowknifer in July. "I paid money for (the land), and if they want it, they can buy it back off me."

The GNWT Expropriations Act stipulates that, in the event of such an objection, a public hearing must be held to discuss objections, and that the city must offer compensation for the land.

This is not the first time Mrdjenovich and the city have tangled, however. Twice previously, the courts have ruled in favour of Nova Builders.

But the mayor said he feels the city has a strong case. He said the water and sewer line - originally intended to serve the nearby Niven Lake Phase VII residential development - would also benefit any future Bayview project.

"And it's not something that's taken away," Van Tighem added. "It's only an easement, so it gives the city access to the land - we don't own it."

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