Sale of Public Rights-of-Way
Before the City of Winnipeg can sell a portion of a public street, lane, or walkway, it must first legally remove its designation as a public right-of-way. This procedure is referred to as "closing" the right-of-way.
The following is a brief description of the procedure.
- The first step in the process is the collection from the applicant of a non-refundable fee of $2,030.00.
- Upon receipt of this fee, the proposal will be submitted for the consideration of all affected City departments and public utilities. The circulation of the proposal will identify any objections to the closing and any conditions to be attached to the sale of the land (i.e. requirements for the maintenance or relocation of existing services in the right-of-way).
- A report is then submitted to the area Community Committee or, in the case of lands in the downtown area, the Standing Policy Committee on Property and Development, Heritage and Downtown Development. This report outlines the position of the City administration on this application. Notices are posted in the neighborhood announcing the date and location of the Committee meeting two weeks prior to the meeting. The comments and concerns of the City administration and of the neighbourhood residents are addressed at the meeting.
- The Committee's recommendation is forwarded to the Standing Policy Committee on Property and Development Heritage and Downtown Development. The Committee on Property and Development will consider the recommendation and make its recommendation to Council. If Council approves the closing, the Real Estate Branch of the Planning, Property and Development Department will initiate negotiations regarding the terms and conditions of the sale of the land.
- Upon completion of negotiations, the terms and conditions agreed to are submitted to either the Committee on Property and Development or the Committee's Delegated Authority for approval. Following this approval, a By-law to legally close the right-of-way will be prepared for passage by City Council.
- Upon registration of the By-law in the Winnipeg Land Titles Office, the right-of-way becomes legally closed and title to the property will be transferred to the applicant.
- The purchaser of the property assumes the responsibility for the preparation of the legal documents required to effect the closing of the right-of-way and its transfer. These documents will include a plan prepared by a Manitoba Land Surveyor delineating the boundaries of the closed right-of-way and may include a second plan delineating the boundaries of any portions of the land affected by easements, should any be required.