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Surplus Road Property

The Closure and Purchase of Surplus City Road

In some specific cases topography, location, or alternate access routes will negate the need for a road, and the road may be considered surplus to the public's needs. If this is the case, the road may be available for sale. Real Estate Section attends to road closure and sale requests on behalf of the City.

Process

Upon receipt of a written application for Road Closure and payment of the application fee, Real Estate Section will review the application and determine whether the unused road can be considered surplus. If road dedication has been determined to be surplus to City requirements, it may be made available for sale, subject to rights of way for public utilities, zoning and planning requirements.

Outlined below are the typical steps to Road Closure and sale. Additional steps may be necessary, depending on the requirements of the various agencies involved.

  1. Application is received with application fee.
  2. Application is reviewed by City Departments, Ministry of Transportation and other utilities.
  3. Determination is made as to whether the road can be considered surplus and available for sale.
  4. If road is surplus, affected neighbours are notified and asked to provide consent.
  5. If road surplus and closure is supported by neighbouring property owners, survey and appraisal of road to be closed are performed at applicant's cost.
  6. The proposed Road Closure and sale is presented to Council and, if authorized to proceed, the Road Closure Bylaw is given first two readings.
  7. Public Notice is initiated.
  8. Road Closure Bylaw is given third reading by Council.
  9. Approval of the Road Closure is received from the Ministry of Transportation.
  10. Road Closure Bylaw is adopted by Council.
  11. The approved sale price is paid and the documents and plans are filed for registration at the Land Titles Office.

Costs to the applicant include:

  • Road Closure Application Fee ($500.00 payable to the City of Nanaimo)
  • BC Land Surveyor fees for Road Closure Plan and Consolidation Plan
  • Appraisal of Property
  • Advertising
  • Legal
  • Land Title Office Fees
  • Property Purchase Transfer Tax

A minimum time frame of six months should be expected for this process; longer for more complex applications.

If you have any further questions about the Road Closure process, or any other question about the Real Estate Section, please contact us.

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