| Case name: |
Sutherland v. Langley (Township) |
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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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Sutherland, Gay Ann |
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Claimant |
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Langley (Township) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Eames, Lesley |
Member |
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Guthrie, Art |
Member |
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Ross, Susan E. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Alexander, L. John |
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Claimant |
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Goulden, James H. |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Bowins, Donald K. |
Engineer |
Claimant |
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Davies, Brian K. |
Appraiser |
Claimant |
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Dyer, Slade Elgin |
Planner |
Claimant |
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Hooker, Dale C. |
Appraiser |
Authority |
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| Decision: |
Compensation hearing pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125. Partial taking of a fee simple interest for a road project. The land was acquired by the Authority pursuant to a s. 3 agreement. The property was a small rural acreage located in a neighbourhood undergoing rapid development. The property contained a house occupied by a tenant and two outbuildings used by the Claimant and her husband. The taking caused a severance of the remainder and each of the buildings were located in part or entirely on the land taken. Claims were advanced for market value, injurious affection and disturbance damages. The Board rejected the Development Approach in favour of the Direct Comparison Approach for purposes of determining market value of the land taken. Market value and injurious affection were determined simultaneously using the Before and After method. Disturbance damages were awarded for the cost of installing electrical service and modifications to one of the remaining outbuildings. Other disturbance claims for site servicing of the remainder, line of credit costs and costs of Supreme Court proceedings were rejected. |
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| ExLaw citation: |
[1999] EXLAW 310 |
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| Parallel citations: |
(1999) 68 L.C.R. 49 |
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