Real estate appraisal and consulting with a special focus on
First Nations clients.
Real estate appraisal and consulting with a special focus on
First Nations clients.
Allan began his appraisal career in 2011, specializing in valuation and consultation on First Nations’ lands.
This includes significant experience with Specific Claims and historical valuations from the 1800s through to present. Allan’s experience with Specific Claims includes the preparation of appraisal reports for both negotiation and for submission before the Specific Claims Tribunal, where he has been qualified as an expert witness, in addition to independent consultation with First Nations for negotiated settlements. Allan has worked on more than 100 Specific Claims for First Nations throughout BC as well as Alberta, Saskatchewan, Manitoba, and Ontario.
Beyond Specific Claims, Allan’s experience with First Nations includes a wide range of valuation and consulting assignments (e.g., current and historical appraisals, permits/rights-of-way, leases, rent reviews, acquisitions, Highest and Best Use analysis, development consultation).
Tracie is an experienced CPA, CA with over 25 years in a variety of accounting and finance roles. She brings a passion for financial leadership and operational efficiency. Tracie is a committed community advocate, having served as the Treasurer on multiple non-profit boards in the Kelowna area.
Specific Claims are claims made by First Nations against the Government of Canada relating to historical wrongdoings including breaches of the Crown’s legal obligations relating to treaties, Reserve lands, and resources, or First Nations’ trust funds. Some examples include:
*"Indian" refers to the term used and defined within the Indian Act.
Treaty Land Entitlement (TLE) claims are claims made by First Nations who did not receive all the land they were entitled to under treaties signed by the Crown and First Nations. As the federal government must meet its obligations to provide the promised amount of Reserve land to treaty First Nations a TLE claim is based on the shortfall between what the First Nation was entitled to under the treaty and what was received.
A TLE settlement agreement often involves financial compensation or an amount of land that a First Nation may either purchase or select from unoccupied Crown land (or both), within an agreed selection area.
Appraisals are an essential element for the use of Reserve lands for purposes such as roads, railways, pipelines, hydroelectric transmission lines, etc. Whether the Reserve land is taken or permitted for temporary use, the First Nation is entitled to appropriate compensation, which in addition to the value of the area being taken or used, may also include any decrease in value to the remaining area which is negatively impacted by the works (i.e., Injurious Affection). Valuations for compensation may include those for present-day takings/rights-of-way as well as historical takings/rights-of-way.
Whether leasing its Reserve land, acquiring land, or many other transactions involving land, a First Nations’ understanding of the market value of the land is critical. An appraisal provides the foundation for many business decisions regarding real estate.
Many First Nations are involved in the development/leasing of their Reserve lands for further economic development of their Nation. Such development often requires consulting and appraisals pertaining to the development of income producing and investment properties.
In some cases, developments on Reserve, takings for rights-of-way, rent reviews, lease negotiations, or Specific Claims involve appraisals from one or both parties (i.e., lessee and lessor, First Nation and Canada, etc.). Sometimes, undertaking a technical review of the other parties’ appraisal provides a clear understanding of further issues for discussion and may be more beneficial than the two sides trying to reach an agreement between two appraisals.
Leases of Reserve land often include periodic rent reviews to ensure that rents are reflective of current market values and are keeping pace with increases (e.g., annual or five-year rent reviews).
