The Government of Canada is in negotiations with Indigenous communities across Canada to right past wrongs and advance reconciliation efforts. Having access to expert real estate advisory opinion and valuation support is critical in this process, and can be the key to achieving a successful resolution.
We understand the complex issues that are involved with Indigenous Land Claims and can offer the most astute advisory and valuation services in the industry. We have worked on a number of different issues for both Indigenous communities and the Government of Canada.
Flooding Claim – Ontario (Trent Canal)
In 1818, the Mississauga peoples ceded a million acres of land but retained islands in local rivers and lakes for the use of the First Nations communities. However, with the development of what is now the Trent Canal, water levels were raised, and one-third of that land was flooded. Our work was to estimate loss of value on behalf of the First Nations and Canada arising from the flooding and damage to approximately 10,000 ac. of islands. The principle challenge was to complete separate valuations for three different dates and to work with a large number of islands (1,534) with a significant range in size and location.
A settlement was achieved.
Historical research and market value (1837, 1856, and 1884) for flooding and impairment of land.
Treaty Land Entitlement Claim – Manitoba
This particular project required our team to estimate the market value of reserve land shortfall under an extraordinary assumption at two different valuation dates. In addition, we were required to estimate the value of the loss of use of that land between the 1876 historic date and the current date to prepare for submission to the Specific Claims Tribunal. The valuation involved the extraordinary assumption that 128 acres of reserve land were to be set aside for each band member, not the 32 acres specified in the treaty.
Negotiations are ongoing.
– Historical and current market value research
– Research on waterfront and rear land values
– Understand complex economic history
– Develop a loss of use model based on historical real estate values
– Provide an estimated value of shortfall in Treaty Entitlement Land and loss of use of that land from time of treaty to current date
Surrender Claim – Saskatchewan
Acting jointly for a First Nation community and the Government of Canada, our task was to determine both historical and current market value for 15,000 acres of land in southwestern Saskatchewan using six unique dates. The impetus for the valuation was the estimate of loss to the First Nations due to an improvident sale of the reserve land between 1906 and 1908. Sales analysis involved more than 5,500 transactions between 1906 and 2016.
The valuation at the historic dates was achieved using a custom benchmarking method and a defined data set. The current market value was estimated in accordance with PSPC Appraisal Standard 1B1 and a settlement was achieved.
– Analysis of issues and determination of best approach
– Historical research into development patterns in Prairie land settlement
– Estimate of pace of clearing and breaking land
– Development of value benchmarking method
– Selection of intermediate dates based on historical research into real estate value trends in the area
– Attendance at negotiation meetings and presentation of report
Fee-Simple Interests – British Columbia
The project involves the Qayqayt Reserves, which relates to the creation of five reserves, also known as the Brownsville Reserves in what is present-day New Westminster and North Surrey. One of the key challenges is to ascertain the approximate location of the reserve lands, and to determine fee simple interest “as if vacant and un-subdivided”. Although there are original legal plans, over time, the lands have been subdivided and now fall under separate municipal jurisdictions. Additionally, a portion of these lands have been either expropriated or sold for transportation infrastructure. There has also been both site accretion and erosion that present challenges in determining the actual site area to be valued.
– Historical research
– Market valuation
– Planning and engineering & costing