| Case name: |
Jones v. Fernie (City) |
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| Jurisdiction: |
Canada - British Columbia |
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| Court: |
Expropriation Compensation Board |
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| Parties: |
Name |
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Appearing as |
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Jones, Harry |
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Claimant |
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Fernie (City) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Grover, Michael R. |
Member |
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Guthrie, Art |
Member |
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Wiltshire, Suzanne K. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Hood, D. Roderick |
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Claimant |
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McAllister, Michael R. |
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Respondent |
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| Experts: |
Name |
Occupation |
Appearing for |
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Barrington, J.W. (Ben) |
Appraiser |
Claimant |
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Schroeter, Daniel E. |
Agrologist |
Claimant |
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Holm, Wendy R. |
Economist |
Respondent |
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| Decision: |
Application by the Claimant to the British Columbia Expropriation Compensation Board for determination of compensation following an expropriation conducted pursuant to the Expropriation Act, S.B.C. 1987, c. 23. Partial taking of a statutory right of way to permit construction of a sewer pipeline. The subject property was located near the City of Fernie and it was in use as a hayfield at the date of expropriation. The Board awarded $1,617 for market value of the interest taken and $9,306 for disturbance damages. The total amount awarded ($10,923) exceeded the Respondent's advance payment of $8,100. The Board also awarded interest and costs. |
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| ExLaw citation: |
[1994] EXLAW 77 |
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| Parallel citations: |
(1994) 54 L.C.R. 285 |
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