Yesterday, the University came one step closer to building a pool where the living room of Stephen Tutsch, Sci ’07, currently stands.
The University announced its intent to expropriate land currently occupied by seven student-rented homes along Clergy and Earl Streets, including 300 Earl St., where Tutsch and his housemates live. Tutsch said he was aware his house might be bought by the University in order to be demolished to make way for the massive, $230-million athletics and student life centre. However, he said, the timing of the application to expropriate took him by surprise.
“We were never really sure when the whole thing was going to happen,” Tutsch said.
University Vice-Principal (Operations) Andrew Simpson said the move to expropriate—meaning the landlord is compelled to sell his or her property at a decided price—came about to keep the Queen’s Centre construction timetable on track. “For the past year we’ve been engaged in trying to reach settlements with the various landlords, and we’ve been unable to achieve that in a timely manner, and obviously the deadlines for the Queen’s Centre are very tight,” Simpson said. “This next step allows us to keep momentum on the project moving forward.” Simpson said the groundbreaking and subsequent demolition of houses where the Queen’s Centre is slated to be built are scheduled to take place next May or June.
He said the people who own houses the University wants to expropriate have a chance to challenge the University’s application.
“We hope that they won’t choose to challenge,” Simpson said. “Subject to that, we will move forward in negotiation with them and reach settlement.” Simpson said the University decided to apply for expropriation because it has been unable to reach “some finality” with the landlords so far.
“The University has to ensure the best use of public money,” he said. “We can’t agree to settlement at any price … Obviously landlords are looking for what they consider to be a fair and reasonable price and the University is also.”
According to University of Toronto law professor Arnold Weinrib, if a university and the owner of an expropriated property can’t reach a settlement, the price the university will pay will be decided by the Ontario Municipal Board, an independent tribunal.
The university and property owner will each hire appraisers to assess the property, and the board will decide on a final figure.
Weinrib said property owners sometimes prefer expropriation if they believe they can obtain a better price through the tribunal than they can through settlement.
The Queen’s Centre will span the area bordered by University Avenue, Earl Street, Clergy Street and Union Streets.
According to plans, the only buildings currently in that vicinity that will still be standing once the project is complete include the houses lining University Avenue, the public utilities building at the corner of Division and Clergy Streets and the brick rowhouses at the corner of Division and Earl Streets.
In August, the University reached a deal with the Royal Kingston Curling Club to acquire their lot in exchange for relocating the club to a new facility on Days Road, in the west end of Kingston.
Several of the homes on the block are already owned by the University, and are rented to students through its Apartment and Housing Service. Others, such as Tutsch’s house and the Journal House at 272 Earl St., are not owned by the University and have yet to be acquired. Simpson said that to date, the University has reached two settlements with private owners, including the curling club.
Sarah Rae, ArtSci ’06, rents her house at 292 Earl St. from a landlord. Rae said that in early September, her house received a letter from the University notifying them their landlord had settled with the University and sold the property.
“[The letter was] saying ‘We’re buying the house, you have to leave,’” Rae said.
Rae added her landlord had not mentioned the possibility of the house being sold before the letter arrived, but Rae said she was aware the University needed the property to make room for the Queen’s Centre. Five of the seven properties up for expropriation—including Tutsch’s—are owned by Philip Lam and his family. When ed by the Journal, Lam declined to comment. Tutsch said that when he re-signed his lease with Lam in May, he was warned he may not be able to sign again next year.
“[Lam] told us we have first pick of his houses for next year,” Tutsch said.
Caity Lehman, ArtSci ’08, lives at 93 Clergy Street, the only house on Clergy Street to be named for expropriation by the University. Her house is also owned by Lam, and Lehman said she and her housemates were extended the same offer when they signed their lease in May.
“He said he’d give us priority on any of his other seven-person houses,” Lehman said. “He kind of warned us. We had a little idea. We didn’t think it was going to be that soon.”
Simpson said he hopes the University will be able to reach a final agreement about the properties as soon as possible.
“We know students and the wider Queen’s community are ready to get started on some long overdue new facilities,” he said.
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