Judge ends obstruction to development plans
A Yukon Supreme Court judge has removed a hurdle to subdivision and further development of the Takhini Hot Springs land.
A Yukon Supreme Court judge has removed a hurdle to subdivision and further development of the Takhini Hot Springs land.
In a five-minute hearing Monday afternoon, Supreme Court Justice Ron Veale agreed with the lawyer for Takhini Hot Springs Ltd. and dismissed parts of a 1949 survey showing a long-dried up trickle of water.
The former trickle shown on the more than 60-year-old document was standing in the way of development.
Last year, the Yukon government accepted a subdivision application from Takhini Hot Springs Ltd., a key step required to move forward with any development plans.
Prior to being approved for subdivision, a survey of the land must be completed.
The federal Surveyor General of Canada office researches all the previous surveys and titles on the land before giving the nod.
That's when a 1949 Crown Grant was discovered.
It showed a now-disappeared trickle and left officials confused about what needed to be surveyed.
Until the confusion was eliminated, the Surveyor General's office said it can't approve any plans, court documents say.
Without approval, no development can move forward.
Lawyers for Takhini Hot Springs Ltd. asked the judge to clear up the fact that the water no longer exists and therefore does not have to be treated as Crown land.
He agreed, and lawyers for the Yukon government did not take a position on the issue.
Colin McDowell, the territorial lands branch director, said his staff are waiting for the official court document with the ruling and will subsequently meet with the Surveyor General's office.
At that point, Takhini Hot Springs Ltd.'s application for subdivision can move forward without the confusion, he said.
Officials with the hot springs have said they plan to build new, smaller, more natural-looking pools.
With no pumps, filters or chlorination, these flow-through pools would be much more like the Liard Hot Springs in northern B.C.
If things move forward as planned, the new pools would be ready by May 2016.
Be the first to comment