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So I am curious about what this (long-term, potential) transport line could mean as far as development is concerned. So as a purely amateur theoretical exercise I have drawn an 800m radius around what might be stops assuming refining will apply and may come much sooner than ground breaking.

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I'm replying to a post about GO 2.0 in the Bloor west subway extension thread:
Exactly. CPKC won't say no, they will just set the price absurdly high, and make demands that are defensible but hard or costly to meet.
I suppose it depends on how you define absurd. CPKC has a market capitalization of $102 billion. Congestion has been estimated to cost the Toronto area $44.7 billion in lost GDP each year. If I were CPKC, I would be asking for at least a billion or two just as a relocation fee, on top of whatever it would cost to build a bypass. It does feel kind of absurd to pay a private company like CPKC a couple billion dollars when there's so much else you could spend that money on. If it pays off in higher GDP though, is it really so absurd?

If I were a CPKC shareholder, I'd probably be hoping for a deal to be worked out. CPKC could use the money to pay down its debt or increase its dividend. I mean, you're right that CPKC's demands might exceed the province's budget, but I suspect they'll say yes if the price is right. I'd be more worried about the province's budget and the political will to see GO 2.0 through.
 
I'm replying to a post about GO 2.0 in the Bloor west subway extension thread:

I suppose it depends on how you define absurd. CPKC has a market capitalization of $102 billion. Congestion has been estimated to cost the Toronto area $44.7 billion in lost GDP each year. If I were CPKC, I would be asking for at least a billion or two just as a relocation fee, on top of whatever it would cost to build a bypass. It does feel kind of absurd to pay a private company like CPKC a couple billion dollars when there's so much else you could spend that money on. If it pays off in higher GDP though, is it really so absurd?

If I were a CPKC shareholder, I'd probably be hoping for a deal to be worked out. CPKC could use the money to pay down its debt or increase its dividend. I mean, you're right that CPKC's demands might exceed the province's budget, but I suspect they'll say yes if the price is right. I'd be more worried about the province's budget and the political will to see GO 2.0 through.

Maybe Ford should use some of his clout and get his buddy buddies to persuade CP to agree to a rail bypass along the future 413 Highway? I agree though, it’s gonna cost a lot to get these crooks out of the city, but in the long run it’ll be a benefit.
 
I'm replying to a post about GO 2.0 in the Bloor west subway extension thread:

I suppose it depends on how you define absurd. CPKC has a market capitalization of $102 billion. Congestion has been estimated to cost the Toronto area $44.7 billion in lost GDP each year. If I were CPKC, I would be asking for at least a billion or two just as a relocation fee, on top of whatever it would cost to build a bypass. It does feel kind of absurd to pay a private company like CPKC a couple billion dollars when there's so much else you could spend that money on. If it pays off in higher GDP though, is it really so absurd?

If I were a CPKC shareholder, I'd probably be hoping for a deal to be worked out. CPKC could use the money to pay down its debt or increase its dividend. I mean, you're right that CPKC's demands might exceed the province's budget, but I suspect they'll say yes if the price is right. I'd be more worried about the province's budget and the political will to see GO 2.0 through.

It's a very grey area, and we all have our own opinions on where "having us over a barrel" becomes unjust enrichment.

If you take that market cap of $102B and divide it by CPKC's route miles, (20,000 per 2023 Annual Report) the market cap for the 16 miles from Bolton to West Toronto is about $82M. At a 7% rate of return, that stretch generates about $6M in profit per year. Very simplistic analysis, I admit.... but it puts some numbers to just what disadvantage CPKC might arguably experience from GO's presence.

The key is that a) CPKC needs to retain unfettered ability to put trains through that territory, both in terms of present volume and its future opportunity and b) GO should not be using CPKC's assets for its own purpose. So the question becomes, how much track and civil works does ML have to construct to stay out of CP's way. That cost, rather than the congestion cost we are avoiding, ought to be the benchmark for price points. I don't disagree with the idea of paying CPKC an "entry fee", but its magnitude should be scaled to that public investment. I could buy a pure "administrative fee" of some amount, say 20% of capital cost of the transit project... but not a fee based on market pricing aligned to "slightly less than the cost of building our own separate line"..

(If it were my government, I would be strengthening the principle that the public interest justifies granting easements to transit to share rail corridors, especially in urban areas. Those corridors have existed for so long that they represent a form of topography, just like the creekbeds that run through our cities. While railways are private entities owned by shareholders, there is still enough of a public franchise to railways to justify a concept of shared use or easement. No different than the easement that the telco's have a long the back of my property).

- Paul
 
It's a very grey area, and we all have our own opinions on where "having us over a barrel" becomes unjust enrichment.

If you take that market cap of $102B and divide it by CPKC's route miles, (20,000 per 2023 Annual Report) the market cap for the 16 miles from Bolton to West Toronto is about $82M. At a 7% rate of return, that stretch generates about $6M in profit per year. Very simplistic analysis, I admit.... but it puts some numbers to just what disadvantage CPKC might arguably experience from GO's presence.

The key is that a) CPKC needs to retain unfettered ability to put trains through that territory, both in terms of present volume and its future opportunity and b) GO should not be using CPKC's assets for its own purpose. So the question becomes, how much track and civil works does ML have to construct to stay out of CP's way. That cost, rather than the congestion cost we are avoiding, ought to be the benchmark for price points. I don't disagree with the idea of paying CPKC an "entry fee", but its magnitude should be scaled to that public investment. I could buy a pure "administrative fee" of some amount, say 20% of capital cost of the transit project... but not a fee based on market pricing aligned to "slightly less than the cost of building our own separate line"..

(If it were my government, I would be strengthening the principle that the public interest justifies granting easements to transit to share rail corridors, especially in urban areas. Those corridors have existed for so long that they represent a form of topography, just like the creekbeds that run through our cities. While railways are private entities owned by shareholders, there is still enough of a public franchise to railways to justify a concept of shared use or easement. No different than the easement that the telco's have a long the back of my property).

- Paul
It kind of sounds to me like you're suggesting a kind of nationalization or expropriation. That kind of asset seizure tends to discourage investment, so I doubt either the province or federal government would support it.

But even if you nationalize/expropriate something, my understanding is that you still generally have to pay the owner whatever it is worth. The lowest amount for that I can think of is probably the land value, based on property tax assessments. I don't know what that would be, but I suspect it would be a lot more that $82 million. I guess in theory you could subtract the value of a bypass from the purchase price of the Milton/Midtown line. CPKC would tie the government up in court for years fighting it though.

I'd offer to gift them a bypass, plus a relocation fee. Between the cost of the bypass and building stations, I'd guess that a $2 billion relocation fee probably wouldn't be more than 10 to 20 percent of the project cost.
 
It kind of sounds to me like you're suggesting a kind of nationalization or expropriation. That kind of asset seizure tends to discourage investment, so I doubt either the province or federal government would support it.

But even if you nationalize/expropriate something, my understanding is that you still generally have to pay the owner whatever it is worth. The lowest amount for that I can think of is probably the land value, based on property tax assessments. I don't know what that would be, but I suspect it would be a lot more that $82 million. I guess in theory you could subtract the value of a bypass from the purchase price of the Milton/Midtown line. CPKC would tie the government up in court for years fighting it though.

I'd offer to gift them a bypass, plus a relocation fee. Between the cost of the bypass and building stations, I'd guess that a $2 billion relocation fee probably wouldn't be more than 10 to 20 percent of the project cost.

A small point here......... CPKC does not own the land on which its tracks sit, for the most part. What it possesses, in most cases is a perpetual easement. In the case of this section of track, it would be inherited by way of the Ontario & Quebec railway, whose assets CP leased for 999 years in the late 19thC.

I believe the asset (easement) is now consolidated to CPKC.

Point being, as an asset there is no land, only a legal permission to use that land for the purposes of a railway.

CPKC does own land, generally where its rail yards sit, most of the best development sites were spun off a long time ago to Marathon Realty and those assets were subsequently sold, just like the hotels (Royal York and other now Fairmont properties)

But the value of the asset is really the profit CPKC can derive from it, or derive by selling it to another railway for continued use as same.

As a handy back-of-the-envelope for value, you could use the purchase price of Kansas City Southern by CP (31B) divided by the latter's trackage 11,747 and you would derive a value of ~2.3M per km; * this being mainline track the value would be higher than the average in the calculation.
 
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I agree though, it’s gonna cost a lot to get these crooks out of the city, but in the long run it’ll be a benefit.
One person's crook is another person's investment income.

While railways are private entities owned by shareholders, there is still enough of a public franchise to railways to justify a concept of shared use or easement. No different than the easement that the telco's have a long the back of my property).
The difference is the backyard is your property - you have title to it. The utility has obtained a right to install its infrastructure there and, when required, access to service or repair it. They probably paid the initial owner of your surveyed plot a one-time amount for that privilege. You are otherwise free to use and enjoy the property that you pretty much as you please.
A small point here......... CPKC does not own the land on which its tracks sit, for the most part. What it possesses, in most cases is a perpetual easement. In the case of this section of track, it would be inherited by way of the Ontario & Quebec railway, whose assets CP leased for 999 years in the late 19thC.

I believe the asset (easement) is now consolidated to CPKC.

Point being, as an asset there is no land, only a legal permission to use that land for the purposes of a railway.

CPKC does own land, generally where its rail yards sit, most of the best development sites were spun off a long time ago to Marathon Realty and those assets were subsequently sold, just like the hotels (Royal York and other now Fairmont properties)

But the value of the asset is really the profit CPKC can derive from it, or derive by selling it to another railway for continued use as same.

As a handy back-of-the-envelope for value, you could use the purchase price of Kansas City Southern by CP (31B) divided by the latter's trackage 11,747 and you would derive a value of ~2.3M per km; * this being mainline track the value would be higher than the average in the calculation.
In the corporate world, there is continuous, if not often convoluted, line of title. According to the registry of federal companies, the Ontario and Quebec Railway Company was amalgamated into the St. Lawrence and Hudson Railway Company Ltd. in 1998, which was amalgamated into the Canadian Pacific Railway Company in 2001, so it would seem CPKC has absorbed all of the assets of the former railway.

If CP didn't own the land, who would? The original company no longer exists.
 
The Government of Canada.

That is the case for most railway ROW's, they were granted as perpetual easements, not title.
So are you arguing that it is Crown Land?

We would have to get into the archival legislation to see what the terms of the original charter were.

Out west, CP was granted about 25 million acres of the then northwest territory by the government, which they then sold off, as a way to fund the construction. You can't sell what you don't own, and in the above SCOC case from 1987 the court ruled that they could sell surplus land originally owned by O&Q.

Also, and I realize railways often treated differently in ways unknown to me, railways pay property taxes, and easements are not normally taxable, the tax is paid by the landowner.

It's a conundrum.
 
If we're talking about land, then why not have the government negotiate some kind of "land swap" deal with CPKC?

CPKC gives the government the midtown line, Agincourt yard & Lambton yard. The government in return gives CPKC an equal amount of crown land to construct a freight bypass and a new yard outside the city. Perhaps a bypass running alongside the proposed 413 highway?
 
If we're talking about land, then why not have the government negotiate some kind of "land swap" deal with CPKC?

CPKC gives the government the midtown line, Agincourt yard & Lambton yard. The government in return gives CPKC an equal amount of crown land to construct a freight bypass and a new yard outside the city. Perhaps a bypass running alongside the proposed 413 highway?

The discussion of land came up in relation to how one values the Milton/Midtown line in a negotiation or expropriation. I don't know why CPKC would accept payment in the form of land when it could get paid in cash.

I also think that CPKC would insist on receiving a pre-built bypass as a condition of selling the Milton/Midtown line, rather than assuming the risk of building the bypass itself. But the bypass would just replace what it already has, so I assume CPKC would want additional compensation as an incentive to make the switch.

I think the issue of whether CPKC owns the land or has an easement may be a moot point, because I doubt the Ontario or federal governments would want to expropriate, so I think it would be a negotiation.

Since someone will point this out if I don't, this may all be a crayon drawing which will come to nothing.

If there is a serious negotiation, CPKC would know that this line would be worth billions in economic benefits to the government. That, more than any value the line has to CPKC, is what I suspect the negotiations would center on. But if CPKC asks for more than the government is willing to pay, the government could spend its money elsewhere, and CPKC shareholders would miss out on a big payday.
 
If we're talking about land, then why not have the government negotiate some kind of "land swap" deal with CPKC?

CPKC gives the government the midtown line, Agincourt yard & Lambton yard. The government in return gives CPKC an equal amount of crown land to construct a freight bypass and a new yard outside the city. Perhaps a bypass running alongside the proposed 413 highway?
Equal volume or equal value? If value, how calculated? The economic value to both the city/province and the company or simply the land value?

I'm not sure there would be a continuous corridor of Crown-owned land in the GTA. There is an online Crown Land atlas but I couldn't figure out how to manipulate it. Even if it were feasible, I doubt CPKC would be willing to absorb the cost of building the bypass. They're not the ones wanting to leave.

I'm not sure of the legal issues involved in expropriation only to turn it over to a private company.
 
So are you arguing that it is Crown Land?

Yes.

We would have to get into the archival legislation to see what the terms of the original charter were.

Feel free, but I'm confident in that assertion. The court case discussed above clearly labelled the land as perpetual easements. Development land was separately allocated from railway easement.

Also, and I realize railways often treated differently in ways unknown to me, railways pay property taxes, and easements are not normally taxable, the tax is paid by the landowner.

It's a conundrum.

Here's a report from last year on railways and other easement/row levy payable to the City:


From the above, the actual levy amounts:

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Note that the $714,000 in payments is certainly not in line with market value ownership.

Quick math, if the land were zoned industrial and paid industrial class property tax rates, CP would owe the City at least 21.6M per year. (assumed land value 3.5M per acre)
 
If we're talking about land, then why not have the government negotiate some kind of "land swap" deal with CPKC?

CPKC gives the government the midtown line, Agincourt yard & Lambton yard. The government in return gives CPKC an equal amount of crown land to construct a freight bypass and a new yard outside the city. Perhaps a bypass running alongside the proposed 413 highway?

Realistically, the only new line that CPKC (or any other investor owned railway, lets not demonize CPKC here) would easily accept in trade is one that runs in a straight line, downhill in both directions.

Trying to quantify whether a new line is a good deal has many variables....the biggest likely being, how do the shareholders feel. The original Halton bypass was shorter than the existing line, had lesser grades.... but CN still was not interested. The devil you know, etc.

We don't know what numbers CPKC would put forward as their view of "just" compensation, I'm sure that they would have a very large number that reflects some of the principles of fair market value and profit in perpetuity. The current legal regime probably would respect some of that.

Still, it's worth having a regulatory model for shared use that is applied across all rail corridors. To repeat, the key interests for the freight railway are to continue to operate efficiently (with both track capacity and operational control), and to be able to meet future growth. They would need to retain line of sight to the physical assets and past investment they have made, and know that transit was not making uncompensated use of these. If these interests were satisfied, I'm not sure that the expropriation value would have to be much higher.

I would not apply current "market value" to land - much like a pension plan, a railway corridor has a going-concern valuation and a windup valuation. I would not pay CPKC the "potential development value" for property that is going to be a rail line for the next 999 years on the premise that they could tear up the tracks and build condo's (yards and other property may be a different matter). Their public franchise is based on their commitment to running trains if the economic conditions are sufficient. And like any land use decision, government holds the authority to "zone" land as a rail corridor and decline to "rezone" as mixed use.

The question is, do we want to spend a decade in the courts to work this out. A legislative push that ended up in court might be politically possible provided that the construction could proceed. It's a lot like buying back the 407 - potentially costly, but not necessarily bad business for the Province in the long term, if you can push the cost off to some future government.

- Paul

PS - Whose rail name appears on title is a fascinating subject. It's amazing how many old corporate railway names pop up when land transactions happen. While some consolidation has happened, there are still lots of examples where old corporate identities have been retained because of some condition in the original charter or some money issue.
 
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