Private airstrip in a muncipality that prohibits it

[Justice]

I'm thinking about buying an acreage in the Regional District of Nanaimo. The property is long enough to land a plane on, and that's a big part of why I'm considering it. However, the "General Regulations" of the local bylaws state that it is prohibited to have a private airport or unpaved airstrip in any zone where not specifically permitted.

http://www.rdn.bc.ca/cms/wpattachments/ ... tID426.pdf

I've read the COPA pamphlet on the subject, and it seems pretty clear that the bylaw is unenforceable if not downright illegal. Has anyone here had any direct experience with fighting something like this? Is fighting the good fight going to cost me more in grief and legal fees than it's worth?

[Bede]

Both the Lacombe and COPA decisions are instructive on this subject. It is very clear that a municipality's by-laws on aerodrome construction are invalid.

You may be misinterpreting this by-law. In this document, http://www.rdn.bc.ca/cms/wpattachments/ ... ID4545.pdf, Nanaimo acknowledges the nature of the SCC decision. Nanaimo's issues appear to be where someone builds an airport and then places a shopping mall on the lands to avoid municipal by-laws.

I'd build the airstrip.

[Justice]

Thanks Bede. The wiki page on the Lacombe decision made interesting reading. I'll ask around and see if the municipality has any history of attempted enforcement... or worse, of punitive behaviour towards people who insist on their rights.

[CpnCrunch]

I wonder if it would be worth writing to the RDN just to ask them to clarify their views? Of course you don't want to put yourself on their radar, so if you did do that I'd suggest using the name and adddress of a friend/relative. That way you'll either have fair warning if they're violently opposed to airstrips, or you'll have it in writing that they aren't going to oppose you.

Here is the verdict from the Cortez Island decision:

https://www.copanational.org/files/Regi ... Hansen.pdf

[AirFrame]

The gulf islands have a long history of fighting anyone who puts an airstrip on their property. It's fairly clear that the courts support you if you want to put a strip in, but the courts don't live on the island with you... Petty neighbours will do all sorts of things to sabotage your life.

[Sasquash]

If you're up for a big read, there is a supreme court deicision that applies to a similar case:

http://scc-csc.lexum.com/scc-csc/scc-cs ... 4/index.do
(Johannesson v. Municipality of West St. Paul, Manitoba)

It may be usefull in your case.

Sasquash

[Bede]

I'd ignore the by-law. It's old and totally inconsistent with Lacombe. In the link I posted, the City pretty much accepted (correctly) that Lacombe is the law of the land. Often what happens is that when a statute is held unconstitutional it is still on the books (because no one takes the time to repeal the law) but it is not enforced because it's unconstitutional.

For example s. 287 of the Criminal Code - Abortion, is still on the books but was held unconstitutional.

I think though it is in you best interest to keep your mouth shut about building an airport especially where you are. You don't want to piss in a hornets nest. Build it, register it, and be friendly to your neighbors.

[CpnCrunch]

I think though it is in you best interest to keep your mouth shut about building an airport especially where you are. You don't want to piss in a hornets nest. Build it, register it, and be friendly to your neighbors.

Why even register it? Isn't that just going to bring attention to it? Unless you want it listed in the CFS there is no need to register, AFAIK.

[photofly]

If anyone asks what all the grading and Tarmac is for, tell them you're building a private drag racing strip. When they find out you only want to fly airplanes off it ...

[Bede]

I think though it is in you best interest to keep your mouth shut about building an airport especially where you are. You don't want to piss in a hornets nest. Build it, register it, and be friendly to your neighbors.

Why even register it? Isn't that just going to bring attention to it? Unless you want it listed in the CFS there is no need to register, AFAIK.

Lacombe was registered. You wouldn't want to have some lawyer try to carve out an exception to try.

[ogc]

Just reading through those court cases. Its pretty cut and dry that a municipal by law cannot stop the construction and operation of an aerodrome.

The one instance where they did, the Van Gool case as mentioned in the hansen decision was repeatedly criticized by the judge as incorrect.

Read through that hansen decision as it lays out all the arguments you would need, and likely addresses the arguments that the municipality would try to use.

Go for it, and good luck.

[Bede]

Van Gool was widely seen as an incorrect decision is subsequent decisions.

The problem is not winning, the problem is funding the lawyer in case the municipality tries to make your life miserable.