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Highways and other roads in trespass

Was the land under the road paid for? If not - its history can be researched, a report prepared, and negotiations commenced regarding a fair settlement for the alienated land.  

A history uncovered

The highways of today most often began as "Old Indian Trails" which, after the arrival of the Europeans, became wagon roads and eventually the paved roads we see today. Maps dating from the 1850's or earlier tell us that early story. We can obtain copies of these maps from archives and crown land repositories.

Maps, field note books, CLSR plans and aerial photos are the keys to unlocking the story of the trespass of a road on an Indian Reserve. Overlaying areal photos dating from the late 1920s or early 1930s provides us with the rest of the story. Documentation obtained from government repositories and archives fill in the gaps. The Indian Land Registry records the presence of a "legal taking" pursuant to section 35 of the Indian Act, or a land use permit pursuant to section 28(2). In British Columbia July 29, 1938, the date of the conveyance to Canada of the Indian Reserves outside of the railway belt, is a pivotal date as the province of BC claims that it owns the road if it existed prior to that day - that they do not, or did not, require a legal taking. 1930 is said to be the pivotal year for roads inside the railway belt. [It is quite another story for Douglas Treaty Reserves and Colonial Reserves.] 

How we can assist you in obtaining a settlement and resolution to your issue?

Once the LVB Strategic Negotiations & Research Group has overlaid the aerial photos and plans noted above, and reviewed relevant documentation, we can determine when the road came to be on a reserve, when it was widened or relocated, whether or not it is in trespass, and how many acres should be compensated for. As with a Specific Claim, the amount of compensation negotiated increases with the number of years the trespass has been in place.  

The "At a Glance for Negotiations" Summary Report

We can, upon request, prepare an initial summary report on a road traversing a reserve that in the Chief and Council's opinion has issues. We title these summary reports "At a Glance For Negotiations" reports in that they are very useful in preparing Chief and Council for pending negotiations, or for initiating negotiations, and are most useful during negotiations. 

The cost for the preparation of this summary report is $5,000. 

The cost for a more in-depth report on a road lies somewhere between $10,000 and $35,000.00 depending on the number of archived files, Crown Lands maps, plans and field note books to be accessed and areal photos to be overlaid. The cost represents a very small percentage of the settlement obtained.

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