Case name: |
TAQA North Ltd. v. SL Developments Inc. |
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Jurisdiction: |
Canada - Alberta |
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Court: |
Surface Rights Board |
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Parties: |
Name |
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Appearing as |
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TAQA North Ltd. |
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Operator |
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SL Developments Inc. |
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Owner |
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Before: |
Decision maker |
Designation |
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Sibbald, Donald A. |
Member |
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Lawyers: |
Name |
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Appearing for |
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Naffin, Daron Kent |
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Operator |
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McCready, Janet L. |
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Owner |
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Semenova, Olena |
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Owner |
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Experts: |
Name |
Occupation |
Appearing for |
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Romanesky, Bryan |
Planner |
Operator |
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Telford, Robert |
Appraiser |
Operator |
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Berrien, Robert Arthur |
Appraiser |
Owner |
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Ganson, Clayton |
Engineer |
Owner |
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Decision: |
Application by an owner for review of compensation payable under a surface lease made pursuant to the Surface Rights Act, R.S.A. 2000, c. S-214. The subject property was vacant land located within the Town of Sylvan Lake. The surface lease was required by the Operator for a well site and access road. The current annual lease rate was $2,600. The owner presented evidence that the highest and best use for the subject property was residential development and that the existence of the lease had prevented the orderly development of the subject property. The Board found that the subject property was suited for residential development sometime in the future but the existence of the lease had not yet prevented orderly development. It held that the annual lease rate should be increased to $5,000. |
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Related decisions: |
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Earlier |
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Later |
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Neutral citation: |
2013 ABSRB 580 |
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ExLaw citation: |
[2013] EXLAW 36 |
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Parallel citations: |
(2013) 112 L.C.R. 68 |
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