Rancher Jim Garner spent the early morning of Aug. 29 rounding up his
Longhorn cattle after an overnight escape from their pasture on the
southern edge of Alberta’s Waterton National Park.
Despite a tough way to start the day, Garner’s voice was full of
enthusiasm.
“The sun is shining a little bit brighter this week,” he said.
The smile in his tone was the result of winning an 18 month battle to
turn that pasture into upscale mountain-view homes within a kilometre
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of the national park’s gate.
Garner, a rancher, contractor, former Saskatchewan grain farmer and
provincial minister of highways in the 1980s, applied for his municipal
district’s development approval in 2000 to convert the grazing land to
three acre and larger sized house lots.
The application and its subsequent approval drew condemnation from
neighbours, park officials and environmentalists.
Many local agricultural producers felt that Garner was helping to drive
up local ranchland prices by attracting speculators to the area.
They feared that the tax revenues collected from the new home owners
would fail to cover the municipal costs of roads, schools and other
infrastructure. They also worried that houses, stores and other
trappings of urban life would damage the quality and reputation of the
park, a World Heritage Site.
In March 2001, Garner’s plan for 23 lots on two 50 acre parcels of
land, a part of his 380 acre farm, was given preliminary approval by
the municipal district. Despite petitions and opposition at council
meetings, the district said that provided the Heaven on Earth Estates
project met all environmental and historical guidelines, the Garners
could go ahead and subdivide their property. A final approval by the
municipality was granted Nov. 30, 2001.
Local farmers opposing the plan formed an 80-member Prairie Crocus
Ranching Coalition Society and asked for a provincial court’s judicial
review of the municipality’s decision.
In February, the court ruled that the municipality of Cardston County
had done nothing to breach its governing legislation and the project
could continue. The coalition and others appealed the decision and on
Aug. 22 the Court of Appeals ruled in favour of the county and the
Garners.
Craig Smith raises cattle at Hill Spring, north of the Garner’s
Mountain View, Alta., development and leads the opposition.
“This will not only drive up land prices even further, well beyond
reasonable agricultural production values, but force other producers to
follow suit and develop land just to survive,” he said. “It sets a
dangerous precedent …. There are several producers that were waiting
for this decision to make up their own minds on whether to develop this
rangeland.”
Many of Garner’s neighbours have chosen to sell their development
rights to environmental organizations in exchange for cash or tax
breaks.
Smith said this allows producers to stay on the land, but restricts
further development.
“At least it helps them make retirement plans, but it doesn’t solve the
problem of attracting their children to agriculture or bringing new
farmers into the region,” he said.
Garner said he understands the concerns of his neighbours, but
subdividing his land will allow the 58 year old to keep raising cattle
and provide him a retirement without having to sell the farm.
