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[Back] DECISION DIGEST  
Record no. 342
Case name: Sequoia Springs West Development Corp. v. British Columbia (Minister of Transportation and Highways)
Date: 2000-02-15
Jurisdiction: Canada - British Columbia
Court: Expropriation Compensation Board
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Sequoia Springs West Development Corporation   Claimant
  British Columbia (Minister of Transportation and Highways)   Authority
Decision makers: Name Designation
Eames, Lesley Member
  Greenwood, Julian K. Member
  Walls, Sharon I. Vice-Chair
Lawyers: Name   Appearing for
  Alexander, L. John   Claimant
  Hincks, Alan V.W.   Authority
Experts: Name Occupation Appearing for
  Davies, Brian K. Appraiser Claimant
  Reid, David Landscape Architect Claimant
  Parkhill, Dennis Appraiser Authority
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Compensation award by the Expropriation Compensation Board pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125. Partial taking of a fee simple interest for a highway. The highest and best use of the land was for a phased residential development. Issues considered by the board included market value of the land taken, disturbance damages for development costs thrown away and disturbance damages for development delays and whether disturbance damages were available if the losses occurred before the date of expropriation.

The Board used the Before and After method to measure the value of land taken and injurious affection in a single calculation. Before values were determined using the Direct Comparison Approach and the Development Approach. After values were determined using only the Development Approach.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
ExLaw citation: [2000] EXLAW 301
Neutral citation: N/A
Parallel citations: (2000) 69 LCR 1
Related decisions:      
  Earlier
 
  Later
  [2000] EXLAW 325 B.C. C.A. 2000-08-24
  [2000] EXLAW 324 B.C. E.C.B. 2000-09-01
  [2001] EXLAW 304 B.C. E.C.B. 2001-01-26
  [2003] EXLAW 300 B.C. C.A. 2003-01-03
  [2006] EXLAW 305 B.C. E.C.B. 2006-03-20
  [2006] EXLAW 315 B.C. C.A. 2006-09-27
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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