Price of the Soil: Property Values of Leaseholds and Certificates of Possession

Authors

  • Steven Rogers
  • Ceilidh Ballantyne
  • Erin Tompkins
  • Brian Ballantyne

DOI:

https://doi.org/10.54056/KOSW7658

Keywords:

Business And Economics, Certificates, Civilization, Community, Discounts, Ethnic Interests, Housing, Indigenous peoples, Land tenure, Native North Americans, Property rights, Property values, Registration, Reserves, Sales, Trends, Indigenous economic leadership, Indigenous economic development

Abstract

This paper presents the empirical analysis of property values across a sample of 228 leaseholds and 79 Certificates of Possession (CP) on 34 First Nation Reserves. The property values were benchmarked against a sample of 338 fee simple property sales in 34 comparable non-Indigenous communities. The results were that leaseholds were discounted 17-75% (with a mean of 24%) and CPs were discounted 65-98% (with a mean of 88%). Data across 14 factors was used to analyze trends in property values. Three trends were noteworthy: (1) Leasehold values were higher in communities where the community housing score (estimate of the quality of housing) was higher; (2) CP values were higher in communities where the ratio of informality was lower (estimate of the proportion of properties held by formalized rights under the Indian Act); and (3) Property values were higher when Chief and Council remuneration was higher. The steep discounts observed here must spur research into the viability of existing land tenure/registration systems on First Nation Reserves and into the merits of new institutions to serve First Nations.

References

AANDC (Aboriginal Affairs and Northern Development Canada). (2015). The Community Well-Being Index: Well-Being in First Nations Communities, 1981–2011. Ottawa: Her Majesty the Queen in Right of Canada, represented by the Minister of Aboriginal Affairs and Northern Development.

Alcantara, C. (2003). “Individual Property Rights on Canadian Indian Reserves: Historical Emergence and Jurisprudence of Certificates of Possession”, The Canadian Journal of Native Studies, 23(2): 291–424.

Alcantara, C. (2005). “Certificates of possession and First Nations housing: A case study of the Six Nations housing program”, Canadian Journal of Law and Society, 20(2): 183–205.

Alcantara, C. (2007). “Reduce transaction costs? Yes. Strengthen property rights? Maybe: The First Nations Land Management Act and economic development on Canadian Indian reserves”, Public Choice, 132: 421–432.

Ball, F. (1946, January 30). Letter from F.J.C. Ball to J.A. Glen.

Ballantyne, B., MacDonald, H., & Ballantyne, C. (2017). Measuring informality & its socio-economic outcomes: First Nation Reserves in Canada. Paper presented at the Annual World Bank Conference on Land and Poverty, Washington, DC, March 20–24, 2017.

Baxter, J., & Trebilcock, M. (2009). “’Formalizing’ Land Tenure in First Nations: Evaluating the Case for Reserve Tenure Reform”, Indigenous Law Journal, 7(2): 45–122.

Bobroff, K. (2001). “Retelling Allotment: Indian Property Rights and the Myth of Common Ownership”, Vanderbilt Law Review, 54(4): 1559–1623.

Borrows, J. (2015). “Aboriginal Title and Private Property”, The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference, 71: 45.

Brinkhurst, M., & Kessler, A. (2013, April). Land Management on First Nation Reserves: Lawful Possession and its Determinants (Department of Economics Working Paper 13-04), Simon Fraser University, Burnaby, BC.

Canada. (1884). Annual Report of the Department of Indian Affairs for 1884. Ottawa: Government of Canada.

Canada. (1889). Annual Report of the Department of Indian Affairs. Ottawa: Government of Canada.

Canada. (1946). Standing Joint Committee, Minutes of Proceedings and Evidence. Ottawa: Government of Canada.

Carter, S. (1990). Lost Harvests: Prairie Indian Reserve Farmers and Government Policy. Montreal: McGill-Queen’s University Press.

Dale v. Paul, 2000 ABQB 411.

Fiscal Realities Economists. (2007). The Economic and Fiscal Impacts of Market Reforms and Land Titling for First Nations. Kamloops, BC: Fiscal Realities Economists.

Fiscal Realities Economists. (2007). The Financial Impact of Effective Real Estate Markets on First Nation Lands. Kamloops, BC: Fiscal Realities Economists.

Flanagan, T., & Alcantara, C. (2004). “Individual property rights on Canadian Indian reserves: A review of the jurisprudence”, Alberta Law Review, 42(4): 1019.

Flanagan, T., Alcantara, C., & Le Dressay, A. (2010). Beyond the Indian Act: Restoring Aboriginal Property Rights. Montreal: McGill-Queen’s University Press.

Flanagan, T., & Johnson, Laura. (2015. December). Towards a First Nations Governance Index. Frontier Centre for Public Policy No. 183. Online: https://fcpp.org/2015/12/02/towards-afirst-nations-governance-index/

INAC. (2004). Experiences in First Nations, Inuit and Northern Communities. Comprehensive Community Planning. Ottawa: Indigenous and Northern Affairs Canada.

Kesselman, J.R. (2000). “Aboriginal Taxation of Non-Aboriginal Residents: Representation, Discrimination, and Accountability in the Context of First Nations Autonomy”, Canadian Tax Journal, 48(5): 1525–1644.

Land Equity International. (2015). Costing and Financing of Land Administration Services (CoFLAS) in Developing Countries. Online: https://www.landequity.com.au/projects/coflas-unhabitat/

Leslie, J. (1982). “The Bagot Commission: Developing a Corporate Memory for the Indian Department”, Historical Papers, 17(1): 31–52.

Leslie, J. (1999). Assimilation, Integration or Termination? The development of Canadian Indian Policy, 1943–1963. Carleton University.

Louie and Beattie v. Indian and Northern Affairs Canada, 2011 CHRT 2.

Mackay, D. (1952). Indian Affairs Branch. Ottawa: Government of Canada.

National Aboriginal Economic Development Board. (2015). The Aboriginal Economic Progress Report. Gatineau: NAEDB.

Statistics Canada, 2017, Housing Price Index, http://www23.statcan.gc.ca/imdb/p2SV.pl?Function=getSurvey&SDDS=2310

Surtees, R. (1966). Indian Reserve Policy in Upper Canada, 1830–1845. Carleton University.

Tobias, J. (1976). “Protection, Civilization, Assimilation: An Outline History of Canada’s Indian Policy”, Western Canadian Journal of Anthropology, 6(2): 13–30.

Tsartlip Indian Band v. Canada (Minister of Indian Affairs and Northern Development), [2000] 2 F.C. 314 (F.C.A.).

Westbank Indian Band v. Normand, 3 CNLR 197 (BCSC 1994).

World Bank. (2018). Doing Business: Measuring Business Regulations. Washington, DC. Retrieved from http://www.doingbusiness.org/data/exploretopics/registering-property

Downloads

Published

2018-01-01

Issue

Section

Lessons From Research