| Case name: |
Kitson v. Manitoba (Department of Highways) |
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| Jurisdiction: |
Canada - Manitoba |
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| Court: |
Land Value Appraisal Commission |
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| Parties: |
Name |
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Appearing as |
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Kitson, Brian |
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Claimant |
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Kitson, Margaret Louise |
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Claimant |
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Kitson, Thomas Harry |
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Claimant |
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Manitoba (Department of Highways) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Ateah, J. |
Member |
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Harvey, Cameron |
Chairman |
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Kost, G. |
Member |
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Milner, W. |
Member |
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Sterling, E. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Finkbeiner, Douglas E. |
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Claimant |
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McFetridge, W. Glenn |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Behr, Harry |
Appraiser |
Claimant |
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Bergman, Elmer |
Valuator |
Claimant |
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Henderson, Lindsay |
Appraiser |
Claimant |
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Barefoot, Gordon |
Management Consultant |
Authority |
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Schaeffer, Ed |
Appraiser |
Authority |
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| Decision: |
Application to the Manitoba Land Value Appraisal Commission for determination of compensation payable to the Claimants by the Respondent pursuant to the Expropriation Act, C.C.S.M., c. E190. Partial takings from two adjacent parcels of land for highway improvement purposes. At the date of expropriation both parcels contained dwellings and one parcel also contained a gas station operated by the Claimants. The subject property was located in Portage La Prairie. With respect to the parcel containing both a residence and the gas station the Commission awarded $100,000 for all items of compensation exclusive of legal, appraisal and consulting fees. The Commission awarded $9,150 for the other parcel. |
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| ExLaw citation: |
[1983] EXLAW 35 |
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| Parallel citations: |
1983 CarswellMan 429 |
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(1983) 29 L.C.R. 157 |
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