Condo seeks compensation from Halifax Water for grate installed on property

A condominium corporation wants compensation from Halifax Water for a daylighting project in downtown Dartmouth that exposed parts of the Sawmill River, which had long been hidden by underground pipes.

The project, completed in 2018, is generally viewed favourably as an environmental and esthetic boon, but the condo corporation said a large grate that was installed over the riverbehind its buildingat 162 Ochterloney St. has rendered part of theland valueless.

When the private property was purchased in 2004, it included an easement involving an underground drainage system that did not impede the use of the land, according to a notice of hearing issued April 20 by theNova Scotia Utility and Review Board.

Halifax County Condominium Corporation #277 claims in the notice that thenew drainage system has left a part of the property "stranded." It also claims theindividual condo owners have "suffered a loss of the quiet enjoyment of their properties"because of noise, dust and disrupted parking.

The condo corporation has asked for compensation of at least $211,000 plus interest and legal costs under theExpropriation Act. That does not include compensation for the owners of the individual condo units.

Halifax Water would not comment on the case while it is before the regulator.

The Sawmill Riverdaylighting project involvedbringing part of the buried storm pipe, whichdated back to the 1970s, to the surface between Sullivan's Pond and Irishtown Road. The 300-metre section includes a fish passage mandated by the Department of Fisheries and Oceans.

James Campbell, a spokespersonfor Halifax Water, said in an email the work "has left a positive legacy to the community."

The councillor for the area agrees with that assessment.

"It's definitely been an asset," said Sam Austin."You get the sound of water in a way that never existed before."

Meanwhile, preparations are underway for thesecond phase of the Sawmill River daylighting project. It will run from Irishtown Road to Halifaxharbour.

Austin said this part of the project goes through a municipal park and streets, and does not involve any private property.