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| Compulsory purchase of farmland: identifying severance and injurious affection claims |
| Roger Gibbard |
Here is an article written in 2001 by Professor Roger Gibbard from the Henley Business School at the University of Reading in England. Although the article is written from the point of view of British law it deals with the valuation of partial takings on farm land which will be of interest in Canada as well. Readers are cautioned that some of the terminology used in the article varies from that commonly used in Canada. For example, the expression "compulsory purchase" is known in Canada as "expropriation". Case law and statutory references are obviously references to British law. The article has been reproduced here with the permission of the author. The author's summary of the article is set out below:
In situations of compulsory purchase of farmland, claims for the injurious affection of retained land can form a substantial part of the overall claim for compensation. This paper seeks to identify the problems of identifying injurious affection and severance items, and examines how statutory provision and subsequent case law have dealt with them.
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