lenaitch
Senior Member
I maintain my position but really can't take the argument any further. Besides, it's a tad off topic. My only comments in closing are:Yes.
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.
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:
View attachment 630578
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)
It is my interpretation that the SCOC case is discussing perpetual leases, not easements, and those leases involved corporations, not the government.
The table cited appears to be for property and educational taxes. Under the Constitution Act:
125. No Lands or Property belonging to Canada or any Province shall be liable to Taxation.
However, under federal and provincial statutes, they do make 'payments in lieu of taxes' to municipal governments, as noted in the notes attached to that table. I have not researched how they are calculated or whether they mirror a given municipal tax levy. As you are aware, different land uses attract different rates. I don't know the rate railways, utility corridors, etc. are assessed at. When we had the farm, most of our 60 acres was taxed at the agricultural rate which was 25% of the standard rural residential rate.