Case name: |
Talisman Energy Inc. v. Fay |
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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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Fay, Diane |
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Claimant |
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Fay, Larry |
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Claimant |
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Talisman Energy Inc. |
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Authority |
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Before: |
Decision maker |
Designation |
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Long, Barry L. |
Member |
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Walter, Bernd |
Chair |
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Wiltshire, Suzanne K. |
Member |
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Lawyers: |
Name |
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Appearing for |
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Carter, J. Darryl |
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Claimant |
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Cosburn, Robert S. |
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Authority |
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Experts: |
Name |
Occupation |
Appearing for |
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McDonald, William W.G. |
Appraiser |
Authority |
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Decision: |
Application by the Authority to the British Columbia Expropriation Compensation Board (the ECB) for an order determining compensation payable to the Claimants for the expropriation of a statutory right of way pursuant to the Pipeline Act, R.S.B.C. 1996, c. 364 and the Railway Act, R.S.B.C. 1996, c. 395. A natural gas pipeline had been constructed through the Claimants' land in 1974 by the Authority's predecessor in title. The pipeline was constructed pursuant to a right of entry order granted by the Mediation and Arbitration Board (the MAB) pursuant to the Petroleum and Natural Gas Act, S.B.C. 1965.
The Claimants purchased the land in 2000. After purchasing the subject property, the Claimants gave notice to the Authority pursuant to the PNG Act to require renegotiation of the rental terms ordered by the MAB. The Authority responded by commencing the present expropriation proceedings. The ECB awarded compensation for market value of the interest taken in the amount of $98 based upon 50% of the fee simple value of the land within the right of way area. Costs were awarded to the Claimants. |
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ExLaw citation: |
[2006] EXLAW 300 |
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Parallel citations: |
(2006) 89 L.C.R. 227 |
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