To bring everyone, including our new followers, up to date, we are sharing the following summary and updates on the situation at Lemoine Point Farm:

Potential CALL TO ACTION – Keep your eye out in your inbox early next week for a time sensitive email.  Also watch your media sources for updates on the Farm.  The Estate of Mary Fraser has a court date with the City of Kingston in Toronto on Tuesday morning February 17th.  We will keep you informed about the hearing and the possibility of watching it on Zoom.

What does Mary Fraser’s will say about the future of the Farm?
Mary Fraser’s will says that the City has the right of first refusal, for a limited time, to purchase the property with “binding covenant” terms. The legal enforceability of these covenants may be something that the Court will decide:

• To allow the current tenants to remain for up to five years after her death (April 13, 2022)
• To maintain the two large houses and barn
• To keep the rural zoning on the property
• To purchase the whole property

The purchase price for the City is uncertain, but may be in the order of $18.6MM, which is 95% of the average between the two appraisals obtained by the Estate (one at $9.9MM and the other $29.3MM), reflecting a 5% discount from fair market value as directed by the will.

What is the current situation regarding the potential purchase by the City?

• The Mayor has indicated that the City wants to purchase the Farm and link the adjacent City and CRCA owned lands by extending the waterfront trail. 
• There is a significant difference between the two appraisals, likely reflecting differing assumptions: one assuming the property will always remain rural and the other assuming potential for future development.
• The City has been in negotiations with representatives of Mary Fraser’s Estate since 2022, well beyond the six-month timeframe specified in the will for the City to act on this option.
• The Estate has asked the Court to determine if the City has a right to seek a review of the methodology used by the two appraisers and, if not, to declare the appraisals valid. 
• The Save Lemoine Point Farm Group (SLPFG) has retained a lawyer to communicate with the legal representatives of the Estate and the City, and to present information about how Conservation Easements and Eco Gifts might be used to both protect the land as Mary Fraser wished, and to bridge the financial gap through tax credits.

What is the role of Cataraqui Conservation (formerly the Cataraqui Region Conservation Authority)?
People have asked if the Farm could be added to the Lemoine Point Conservation Area, which is owned by Cataraqui Conservation. This could happen were the City to acquire the Farm and want to have another agency take on responsibility for its management. However, there are some concerns.  The Ford Government reduced funding and restricted Conservation Authorities to core services, and may require them to sell or transfer non-essential lands, making it difficult for them to acquire or protect new properties.  The regulations under the new Bill 68 are expected soon and it is feared the accompanying expected amalgamation of the current 36 conservation authorities under the Ontario Provincial Conservation Agency will adversely affect the ability of conservation authorities to be effective locally.

Is any other group or individual interested in purchasing the Farm?
We don’t know what offers the Estate executors might have received. However, we are certain that if the City doesn’t purchase it there will be interest from private developers.

LodgePole Arts Alliance  has expressed interest in buying the Farm either from the City or from the Estate. This not-for-profit corporation with charitable status wants to “build an Indigenous owned, operated, programmed, and animated land-based arts studio complex on the eastern edge of the Dish with One Spoon territories (Frontenac biosphere). The intent is to have an inclusive space for cultural practices, knowledge and teachings, performances, exhibitions, and celebrations,” a “first of its kind in Canada on non-First Nation’s treaty/territory lands.”  SLPFG believes that LodgePole’s vision for the Farm is consistent with our desire to see it protected in perpetuity.

Thanks to our generous supporters:
Last fall we needed funds urgently to hire a lawyer to represent us, but we felt that it was not the time for a community-wide fundraising campaign.  Thanks to donations from generous individuals and two groups whom we approached (Kingston Field Naturalists and Trailhead through their Eco Grant), we have enough funds for our currently anticipated legal costs.
We also appreciated the opportunity to host a table at the recent Banff Mountain Film Festival at the Isabel Bader Centre, presented by Trailhead, and to have our table and our efforts mentioned to the audience in the announcements each night. Connecting with approximately 1,800 attendees, we saw tremendous interest in protecting the Farm, welcomed many new subscribers, and had meaningful conversations with community members who share SLPFG’s vision for the permanent protection of the entire property.

Thank you again to all of our supporters for your interest and advocacy. Together, we can continue working toward the permanent protection of Lemoine Point Farm.

Sincerely,

Save Lemoine Point Farm Group