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[Back] DECISION DIGEST  
Record no. 1258
Case name: Moller v. Alberta (Minister of Transportation and Utilities)
Date: 2008-12-12
Jurisdiction: Canada - Alberta
Court: Land Compensation Board
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Moller, Franklin   Claimant
  Moller, Joan   Claimant
  Alberta (Minister of Transportation and Utilities)   Authority
Before: Decision maker Designation
Chapman, E. Gordon Member
  Sibbald, Donald A. Member
  Zenko, Edward V. Member
Lawyers: Name   Appearing for
  Carter, J. Darryl   Claimant
  Holmes, Christopher D.   Authority
Experts: Name Occupation Appearing for
  Berrien, Robert Arthur Appraiser Claimant
  Cumming, Sidney Appraiser Claimant
  Hoover, Donald Lester Appraiser Authority
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Application by the Claimants to the Alberta Land Compensation Board for determination of compensation pursuant to the Expropriation Act, R.S.A. 2000, c. E-13. The Board considered claims contained in two separate actions, both involving partial expropriations for highway purposes from land located near Grande Prairie. The first set of claims arose from an expropriation dated in 1999 which the Board had previously considered in a decision dated in 2003. The Board's award in relation to those claims was the subject of an appeal decided in 2004. The appeal was successful and the Board was directed to reconsider the claims. On the reconsideration, the Board awarded $21,648.50 for market value of the land taken. The second set of claims pertained to an expropriation dated in 2006. For these claims the Board awarded $5,697.00 for market value of the land taken and $1,984 for incidental damages. The Board also awarded costs and interest on both claims.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
  [2003] EXLAW 5 Alta. L.C.B. 2003-03-13
  [2003] EXLAW 8 Alta. L.C.B. 2003-06-25
  [2003] EXLAW 10 Alta. L.C.B. 2003-08-21
  [2004] EXLAW 14 Alta. C.A. 2004-10-28
  [2008] EXLAW 12 Alta. L.C.B. 2008-09-18
  Later
  [2009] EXLAW 12 Alta. L.C.B. 2009-08-10
Neutral citation: N/A
ExLaw citation: [2008] EXLAW 18
Parallel citations: 2008 Can LII 88538
  (2008) 96 L.C.R. 77
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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