| Case name: |
Alberta (Minister of Transportation) v. Chudoba |
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| Jurisdiction: |
Canada - Alberta |
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| Court: |
Land Compensation Board |
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| Parties: |
Name |
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Appearing as |
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Alberta (Minister of Transportation) |
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Applicant |
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Chudoba, Walter |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Boyd, Kenneth J. |
Chairman |
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| Lawyers: |
Name |
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Appearing for |
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Hitesman, David G. |
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Applicant |
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Mintz, B.E. |
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Respondent |
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| Decision: |
Application to the Alberta Land Compensation Board by the Province of Alberta for an order setting a date for a compensation hearing pursuant to the Expropriation Act, R.S.A. 1980, c. E-16. Prior to this application the Province had expropriated 3.56 ac. of the Respondent owner's land, it had served a proposed payment on the Respondent and it had served a notice to commence proceedings on the Respondent. However, the Respondent did not elect to commence a proceeding to determine compensation and the Province believed that it had paid an amount in excess of the market value of the land expropriated. It was held that the Board did not have jurisdiction to set down a compensation hearing in the absence of an application to determine compensation. The application was dismissed and costs were awarded to the Respondent. |
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| ExLaw citation: |
[1982] EXLAW 22 |
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| Parallel citations: |
(1982) 26 L.C.R. 237 |
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