Lawyers for Halifax and Ottawa have made their final arguments in a decade-long legal battle over the value of Citadel Hill. The outcome will likely set a national precedent.
At issue is the federal government’s claim that about 99 per cent of Citadel Hill is almost completely valueless.
Because it is a national historic site, it values almost 48 of the 48-and-a-half-acre site at a total worth of only $10.
“(It) has no development potential whatsoever. You cannot put anything on it, you cannot excavate it, you cannot do a thing with it,” said federal lawyer Reinhold Endres.
“So that’s why the minister said the glacis, the grassy slopes, the majority of the land can only have nominal value.”
In court, municipal lawyer Dan Campbell went so far as to call that reasoning “nonsense.”
HRM appealed the valuation 10 years ago and won. Ottawa appealed that ruling and yesterday the two sides wound up in front of the federal court of appeals.
The core issue looks at the federal public works minister’s jurisdiction on valuating national historic sites, and whether the decision in this case was reasonable. Campbell argues the federal valuation should have been on par with the provincial system, which gives Citadel Hill full value.
“This is the best use of this land as it is right now. No, it cannot be used for commercial development, but it can be used for this very important purpose, which is a national historic site,” said Campbell.
“The (provincial) assessors felt it had full value when used as that site. Public purposes are valuable, too.”
It ultimately comes down to cash. The province sends Halifax grants in lieu of tax for a Citadel Hill assessed value of about $5 million. HRM says that should be just more than $20 million. Campbell says that would mean an extra $500,000 sent to the municipality each year.
The judges are deliberating and a decision could take months. Whichever way they rule, Endres said the decision will likely impact national historic sites across the country.
