City backs down on taking land of 5th-generation Niagara farmer

Marsha Rempel, a fifth generation farm owner in the Niagara region, is overcome with relief that the City of Welland has dropped its plans to take her family's crop farm for industry. 

Rempel, 57, choked up as she described seeing the public support escalate for her fight to save the 150-year-old farm. It started with a group of dedicated community members, she said, who led a petition and email campaign to the city. Soon, she was hearing from people from coast to coast. 

"I never dreamed I'd have that much [support] behind me. But I am thankful for it, that that many people cared that much," she said. 

With current industrial plots in the area almost sold out, the city said it wanted to expropriate the land to build an industrial park. 

Drivers can spot Rempel's farm by its big red barn, built in 1907. Her swath of land extends between two railway lines and Ridge Road and Highway 140, and includes a 24-hectare (60-acre) field and 2.8 hectares (seven acres) on the south side of the railway.

The land's location, industrial zoning, and the prospect for a park to create jobs were all cited by city staff as attractive reasons for why it was proceeding with expropriation.

Companies want shovel-ready land, staff said, and didn't want to wait for contaminated brownfields to be cleaned, which would cost the city a "financially impossible" $50 million to $100 million. 

Family memories

Rempel said she had been refusing to sell the land for three years and said the city was acting like "schoolyard bullies" in their pursuit.

The farm now rotates between soybeans and winter wheat, and is part of her income. But for Rempel, the land also carries memories of when it was known as Watters Farm and her grandfather farmed oats, red clover, and corn. 

She vowed that she wouldn't live in Welland if the city forced her to move.

If a property owner doesn't want to sell, the city said it moves forward with expropriation, allowing it to purchase the land.

"[Our] priorities are to create new jobs for the city of Welland, and it's the best fit for us right now," Steve Zorbas, the city's interim chief administrative officer, had previously told CBC News. 

Two councillors and mayor flip their votes

The city passed a bylaw to expropriate the Ridge Road property in a close vote in December 2020. Six councillors and Mayor Frank Campion voted in favour, while five were opposed.

But on March 2, city council backtracked with a vote to stop the expropriation.

Two councillors and the mayor switched their stance, allowing Rempel to keep the land, while one councillor who was previously in favour of expropriating had since resigned. 

Adam Moote (Ward 1), David McLeod and Leo Van Vliet (Ward 2) voted against changing the city's decision.

City council approved the bylaw the following week. 

"Hopefully in the future, if we can get it changed back to agriculture for zoning, it would add an extra layer of protection of the property," said Coun. Bonnie Fokkens (Ward 6).

What's more important: someone's home or dollar signs?

Rempel attributes the change in heart to the people that threw their support behind her. 

"The biggest thing to shut this down was public outcry," she said.

After presenting her case to council in early February, Rempel said, people reached out from as far as the U.K. and Bulgaria.

"That was such an amazing feeling to have that much of an army," she said.

Councillors acknowledged at that meeting that the situation had gone nationwide, with some commending the Welland community for coming together and not backing down. 

"I've never seen a resident [work with] the community so hard to take a stand for something they think is right. And we all should look at that as individuals," said Coun. John Chiocchio (Ward 3.)

"We need to correct it... at some point, we have to look in the mirror and ask ourselves, what's more important — someone's home and a piece of land and pride? Or dollar signs that may happen or may not happen, which has been sitting idle for years."

Owner could be reimbursed

The matter was headed to a hearing, where the city would've had to prove the expropriation was fair, sound and reasonably necessary. That would require an inquiry officer to prepare a non-binding report, which council would vote on. 

That's no longer necessary. But staff have also been directed to review expenses submitted by Rempel related to the expropriation, and reimburse her if they're deemed "reasonable." 

The Welland resident says people still have a hard time understanding why selling and moving was not an option for her. The answer, she said, was "in a word, roots." A house doesn't replace a "home," Rempel said.

Community remains on guard

She still has concerns that a future municipal government might attempt to expropriate the farm again. But for now, Rempel says she's able to sleep more soundly than she has in months.

But she also feels for other farmers in expropriation battles across the country, who might believe there are no possible outcomes other than needing to "give up" their land. 

"What I would really love to see is that more people will fight city hall[s] with the attitude of 'if she can do it, we can do it," she said. "They have trampled too many farmers."

Her community too remains on their guard. Rempel says she's spoken to others, who feel their land might be next on the chopping block. The ordeal makes her feel connected to people concerned not just about expropriation, but also for "over-development" with rural or semi-rural areas being built up, especially in the Welland area. 

"Don't give up if they come after you. Fight for your property," she said. 

Staff will come back with a report about other options to acquire shovel-ready land for employment or industry. That includes looking at acquiring seaway federal government lands, but also plots within or adjacent to employment lands in Welland's official plan to see if owners are interested in selling to the city. 

They'll also prepare a report on strategies to clean up brownfield employment lands that aren't being used for industry.