Landowners on Lac-Mégantic bypass route seek injunction to stop expropriations

LAC-MÉGANTIC, Quebec — Lawyers representing some of the residents whose land will be expropriated by the Canadian government for a planned Lac-Mégantic rail bypass are seeking an injunction to halt the process, the Canadian Press reports.

The government announced it would pursue expropriation in February after it was unable to negotiate purchase of the necessary parcels [see “Canadian government begins process to acquire land …,” Trains News Wire, Feb. 14, 2023]. The  government had originally aimed to complete construction of the bypass this year, 10 years after the July 2013 rail disaster that killed 47, but gave up on that target as it extended the deadline for land negotiations.

The injunction request in federal court from some of the 43 landowners affected by the government’s expropriation plans wants the expropriation process stopped until their case can be heard. One of the lawyers involved, Frédéric Paré, told the Canadian Press that the government did not follow proper procedure and that the taking of property is premature because the Canadian Transportation Agency has yet to approve the bypass plan. He also argues that costs have risen significantly and raises environmental concerns that are widely shared by residents. In a May hearing, concerns over wetlands, private wells, and lowering of the water table were the most common concerns among the 63 parties raising objections.

Opponents also say that a majority of people in the three communities to be affected by the bypass — Lac-Mégantic, Nantes, and Frontenac — all oppose the project.

Transport Canada says it remains committed to the bypass, which will reduce the number of grade crossings on the route from 16 to four and the number of residences near the track from 265 to eight. But the Canadian Transportation Agency told the Canadian Press the application for the project is incomplete, and route owner CPKC said in an email that the agency had requested more information requiring “significant additional work” from both the railroad and Transport Canada.