MD of Peace Council’s Warning to Local Producers: Be Aware of Land Reclamation Liabilities When Purchasing CN Abandoned Right of Way in the MD of Peace
Attention All Landowners and Producers:
If you are considering purchasing land that was previously part of Canadian National Railway’s (CN) abandoned right of way, be aware of potential land reclamation liabilities. CN has sold off numerous abandoned right of ways, but these properties may still come with environmental and financial responsibilities.
Key Points to Remember:
• Reclamation Responsibility: CN’s abandonment may not eliminate the requirement for land
reclamation. You could be held responsible for addressing any environmental issues (soil contamination, remediation) that arise on these lands.
• Environmental Assessment Required: Before purchasing, make sure a thorough environmental assessment (ESA) is completed. This will help identify any potential risks or liabilities associated with contamination or infrastructure left behind.
• Legal Liabilities: While CN may have transferred ownership, there could still be unresolved obligations linked to the right of way. Make sure you consult legal professionals familiar with land transactions and reclamation laws in Alberta.
• Government Oversight: The Alberta government may also hold you accountable for reclamation work under the Environmental Protection and Enhancement Act (EPEA). Ensure you're fully informed of your obligations.
Take Action:
1. Conduct Due Diligence: Engage with professionals for environmental assessments and legal advice before acquiring abandoned right of ways.
2. Understand Potential Costs: Reclamation can be costly. Budget for potential remediation work, including soil testing and cleanup.
3. Consult Alberta's Land Use Policies: Ensure full compliance with all provincial regulations for land reclamation and contamination control.
Protect Your Investment – Understand the full scope of responsibilities before committing to land purchases.
For more information or guidance, contact Alberta Environmental and Protected Areas.
