The City of Fredericton is proceeding with its plan to evict a few businesses and the New Brunswick Exhibition from the Exhibition Grounds. According to Robert Pineo, a Halifax-based lawyer specializing in expropriation and litigation, the city’s likelihood of success is uncertain. The city’s announcement to expropriate was made during a council meeting on September 22, with the official notice of expropriation being registered on October 16. Those opposing the expropriation have until November 17 to file objections.
Pineo highlighted the uniqueness of this case as both the city and the exhibition group have valid public purposes for the property near Wilmot Park in downtown Fredericton. Public purpose refers to how the land will benefit the community post-expropriation, with the city required to justify its reasons for expropriation.
The city aims to repurpose the land for housing, a middle school, commercial space, and community areas, while the exhibition’s agricultural events and the property’s role as a community hub are also deemed valid public purposes.
The history of the Exhibition Grounds dates back nearly two centuries, with N.B. Ex leasing the land from the city for a nominal fee since 1948. The current lease runs until 2031. Pineo noted the unusual aspects of this case, particularly the expropriation of a property hosting diverse commercial activities.
The city has engaged in a legal dispute with the exhibition regarding the removal of a grandstand due to safety concerns, resulting in ongoing fines. The affected parties have the right to challenge the expropriation by submitting objections to the province’s expropriations advisory officer before the deadline.
Compensation for losses incurred by those expropriated is possible, with the expropriation officer determining the extent of compensation. Parties can challenge the expropriation collectively or individually, with the right to appeal the officer’s decision. If the expropriation is contested, a public hearing will be held, and any party dissatisfied with the outcome can appeal to the New Brunswick Court of Appeal.