Windsor council has voted to begin the expropriation process for the derelict residential properties on Indian Road near the Ambassador Bridge. According to a news release, the vote was held at an in-camera meeting on July 27, voting to unanimously file the application for approval to expropriate land without delay for the municipal purpose of the economic, social, and environmental well-being of the municipality. Notices were served to property owners on Monday with a required notification to be published in The Windsor Star newspaper on Saturday. “For decades, residents have been faced with boarded-up homes, significant urban blight and decay, and the overwhelming feeling of being forgotten and considered obsolete in the shadow of infrastructure meant to sustain economies, neighbourhoods, and families,” said Mayor Drew Dilkens. “Despite lengthy and detailed negotiations, where I have participated as a representative of our community, recent events around the opening of the Gordie Howe International Bridge have made it clear that this action is necessary at this time. We need a path forward that is no longer at the expense of Windsorites, as we stand up for Olde Sandwich Towne and work to protect our residents.” He added council was united and has stood together. “Expropriating these properties will enable reactivation of boarded-up homes, increase our housing supply when we need it most, restore vibrancy and stability to the west end, and deliver tangible neighbourhood improvements even as we continue planning for a prosperous future alongside the Gordie Howe International Bridge,” he added. “That is what we are fighting for here. To west end residents: Hang on just a little bit longer. We will not give up.” The city says the properties have created “adverse impacts on the Windsor community in general, and Olde Sandwich Towne in particular.” The impacts include reduced housing supply, public safety concerns, property standards issues, loss of heritage features, and sustained uncertainty in the long-term use of the area. The properties are included under the Olde Sandwich Towne Community Improvement Plan, approved in 2001, and says the municipality can: Acquire, hold, clear, grade, or otherwise prepare land for community improvement Construct, repair, rehabilitate, or improve buildings or land acquired or held by it in conformity with the community improvement plan Sell, lease, or otherwise dispose of any land and buildings acquired or held by it in conformity with the community improvement plan The plan also stated if an agreement with landowners can’t be reached, the city can exercise its authority under the planning act to get the lands back and utilize them. The properties to be expropriated include: “City administration remains actively involved in working to support increasing housing supply and combating urban blight across our community,” said John Revell, chief building official with Windsor. “Our actions in Olde Sandwich Towne, past and present, are working to address derelict homes and public safety concerns, while helping to ensure compliance with property standards that residents rely on to sustain vibrant neighbourhoods.” To date, Windsor has spent around $3 million in legal and professional fees on negotiations for the properties. In a statement to CTV News, the Canadian Transit Company (CTC) said it is prepared to “immediately demolish all of its remaining vacant structures in Sandwich at its own cost and has been for years.” The company said the city must allow the demolitions and if it does, CTC will “proceed immediately.” In exchange, the company wants portions of roadways needed for the plaza expansion project. Here’s the full statement, courtesy of the CTC: West End residents should know that CTC is prepared to immediately demolish all of its remaining vacant structures in Sandwich at its own cost and has been for years. All the City must do is allow the demolitions. If it does so, we will proceed immediately. Recently, the City issued emergency demolition orders on select properties, with which CTC is promptly complying. For years, CTC has made every effort to demolish all vacant houses in Sandwich, including filing numerous demolition permit applications, asking the City to issue emergency demolition orders, and even filing lawsuits seeking to be allowed to demolish the houses. The City’s leaders have consistently rejected these requests and instead used the presence of boarded up houses to demonize CTC. West End residents should know that the Ontario Superior Court has already decided that the City is responsible for the boarded-up houses: “It is clear from the evidence in the case that it is not in dispute that the City passed by-laws that have prevented the demolition of the houses. There cannot be any disagreement on that.” (Desando v. Canadian Transit Company, March 21, 2017 hearing transcript, p. 54) “it was very clear on all the evidence that it was the City that was responsible for [the empty houses’] continued presence through their decision not to issue demolition permits, despite an order relating to the majority of the houses from the land use planning committee.” (Desando v. Canadian Transit Company, 2018 ONSC 1859, Paragraph 62) These expropriations will only result in unnecessary conflict, delay, and taxpayer expense. There is an easy solution where we demolish all of the structures – the City just has to permit this - and then transfer almost all of these properties to the City. The City is well aware that CTC has been willing to do so for years in exchange for those portions of roadways needed for our plaza expansion project. In fact, City Council approved the transaction in principle. Instead of completing the transaction, the City ceased negotiating with us and has been unwilling to meet in 2026. Now the City appears to be deciding that it would rather litigate than negotiate, a decision that could cost taxpayers millions of dollars. The City could have received these properties without cost, by trading parts of surplus roads that have already been approved to become part of CTC’s plaza. Indeed, if the City is successful in expropriation, it will cost the taxpayers millions of dollars in just compensation. But the taxpayers don’t have to pay. CTC is ready, willing, and able to demolish any remaining vacant houses and complete the transaction with the City, saving everyone time and money, and finally putting an end to the saga of the vacant houses in Sandwich.
