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[Back] DECISION DIGEST  
Record no. 171
Case name: Ingham v. Creston (Town)
Date: 1996-06-25
Jurisdiction: Canada - British Columbia
Court: Expropriation Compensation Board
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Ingham, Albert Cecil   Claimant
  Ingham, Lillian Rose   Claimant
  Jamieson, Frank Herbert   Claimant
  Jamieson, Mildred Johanna   Claimant
  Kowalski, Helen   Claimant
  Kowalski, Samuel   Claimant
  Creston (Town)   Respondent
Before: Decision maker Designation
Eames, Lesley Member
  Greenwood, Julian K. Member
  Grover, Michael R. Member
Lawyers: Name   Appearing for
  Burke, Reinhard   Claimant
  Melville, J. Bruce   Respondent
Experts: Name Occupation Appearing for
  Grant, Danny R. Appraiser Claimant
  Hastings, Linda S. Appraiser Respondent
  Yeager, Kenneth Appraiser Respondent
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Three applications for determination of compensation heard together by the British Columbia Expropriation Compensation Board pursuant to the Expropriation Act, S.B.C. 1987, c. 23. Four properties were affected by a municipal road widening project. All of the takings were partial. Three of the properties were occupied by houses. The widened road was closer to the houses than it had been before the taking. The parties had reached agreement on the value of the land taken so the Board was required to consider only the claims for injurious affection and disturbance. Compensation awards were made in each case.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
  [1992] EXLAW 300 B.C. S.C. 1992-09-25
  [1993] EXLAW 123 B.C. C.A. 1993-12-13
  Later
  [1999] EXLAW 295 B.C. C.A. 1999-03-22
  [1999] EXLAW 299 B.C. C.A. 1999-05-12
  [1999] EXLAW 302 B.C. E.C.B. 1999-06-02
  [2000] EXLAW 313 B.C. E.C.B. 2000-05-16
  [2000] EXLAW 323 B.C. E.C.B. 2000-07-28
  [2001] EXLAW 310 B.C. S.C. 2001-03-06
  [2001] EXLAW 312 B.C. E.C.B. 2001-03-21
  [2001] EXLAW 324 B.C. E.C.B. 2001-06-19
Neutral citation: N/A
ExLaw citation: [1996] EXLAW 171
Parallel citations: (1996) 59 L.C.R. 113
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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