| Case name: |
Cokato Dairy & Stock Farms Ltd. v. Fernie (City) |
|
|
|
| Jurisdiction: |
Canada - British Columbia |
|
| Court: |
Expropriation Compensation Board |
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Cokato Dairy & Stock Farms Limited |
|
Claimant |
| |
Fernie (City) |
|
Respondent |
|
| Before: |
Decision maker |
Designation |
|
Grover, Michael R. |
Member |
| |
Guthrie, Art |
Member |
| |
Wiltshire, Suzanne K. |
Member |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Hood, D. Roderick |
|
Claimant |
| |
McAllister, Michael R. |
|
Respondent |
|
| Experts: |
Name |
Occupation |
Appearing for |
| |
Barrington, J.W. (Ben) |
Appraiser |
Claimant |
| |
Schroeter, Daniel E. |
Agrologist |
Claimant |
| |
Holm, Wendy R. |
Economist |
Respondent |
|
|
|
|
|
|
|
| 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. The subject property was located near the City of Fernie. At the date of expropriation, the subject property was cultivated for hay production. The Respondent expropriated a statutory right of way to permit installation of a sewer pipeline. Compensation was awarded for market value of the right of way taken in the amount of $1,310.00. Disturbance damages were awarded in the amount of $6,195.00. The award totalled $7,505 which was $495 less than the Respondent's advance payment of $8,000.00. The Claimant was also awarded 80% of its costs. |
|
|
|
|
|
|
|
|
|
|
|
| ExLaw citation: |
[1994] EXLAW 78 |
|
| Parallel citations: |
(1994) 54 L.C.R. 199 |
|
|
|
