| Case name: |
252792 Alberta Ltd. v. Alberta (Minister of Public Works, Supply and Services) |
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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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252792 Alberta Limited |
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Claimant |
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Alberta (Minister of Public Works, Supply and Services) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Anderson, Walter A. |
Member |
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Hetherington, T.D. |
Member |
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Scragg, Richard K. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Prowse, John C. |
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Claimant |
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Franklin, Stanley A. |
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Respondent |
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| Experts: |
Name |
Occupation |
Appearing for |
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Badke, Doug |
Gravel Contractor |
Claimant |
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Gomes, Robert Joseph |
Planner |
Claimant |
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MacKenzie, Kenneth C. (Kim) |
Planner |
Claimant |
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Shaske, Edward J. |
Appraiser |
Claimant |
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Diamond, Rene A. |
Gravel Contractor |
Respondent |
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Hay, Allister M. |
Planner |
Respondent |
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Navrady, Alexander Maxwell (Sandy) |
Appraiser |
Respondent |
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Potter, Kenneth M. |
Gravel Contractor |
Respondent |
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| Decision: |
Application by the Claimants to the Alberta Land Compensation Board for determination of compensation following two expropriations conducted pursuant to the Expropriation Act, R.S.A. 1980, c. E-13. Partial takings of the Claimant's land for purposes of a transportation and utility corridor were required by the Respondent expropriating authority. The takings were accomplished by way of statutory agreements made pursuant to s. 30 of the Act. At the date of taking, the subject property was encumbered by a Provincial Restricted Development Area designation. However, this was ignored for purposes of determining compensation. The Board found that the highest and best use of the land before taking was as a holding property for future urban development. In the interim the land had potential for gravel extraction.
The Board made an award of $1,366,860.00 for the market value of the land taken. In addition it awarded $579,424.00 for the loss of gravel extraction potential. A further award of $76,000 was made for injurious affection to the remaining lands. The award totalled $2,022,284.00 plus interest and costs. |
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| ExLaw citation: |
[1993] EXLAW 1 |
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| Parallel citations: |
(1993) 51 L.C.R. 186 |
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