BCTC seeks injunction to get access to power line
Scott Simpson
Vancouver Sun
June 07, 2008
The British Columbia Transmission Corp. is asking B.C. Supreme Court for an injunction to stop Tsawwassen residents from blocking access to a power line right-of-way, the Crown corporation announced Friday.
As The Sun's "Wired" series highlighted on Friday, the BCTC has been attempting since Monday to enter the 3.7-kilometre right-of-way section running through backyards in the Delta community, only to be refused access by a number of residents.
BCTC is attempting to upgrade a high-voltage power transmission line between the B.C. mainland and Vancouver Island, and the Tsawwassen right-of-way is part of the route.
The corporation has a "legal right and obligation" to conduct the work, it stated in a news release. BCTC said it is attempting to amicably resolve access and transmission line construction issues with residents.
"Offers of voluntary compensation, appropriate indemnification and restoration of properties post-construction have been ongoing with affected property owners," the news release stated. "BCTC has been working directly with residents for two months on minimizing and mitigating the impacts of construction.
"Some property owners have been cooperative in allowing access for crews to prepare sites for construction, but others have not. The BC Transmission Corp. recognizes and respects the right of citizens to voice their opinions in a legal fashion."
However, BCTC noted that existing right-of-way agreements give itself and BC Hydro crews the legal right to go onto the properties in order to carry out the power line upgrade.
"BCTC has been left with no other option than to file an application to the B.C. Supreme Court to obtain an injunction to stop people from denying access to their properties and preventing construction from taking place, thereby jeopardizing the in-service date of the project," it stated. "The courts will be asked to make an order confirming BCTC and BC Hydro's ability to access these properties to build the project."
Posted by Arthur Caldicott on 07 Jun 2008