| Case name: |
Riebel (Estate) v. Alberta (Minister of Environment) |
|
|
|
| Jurisdiction: |
Canada - Alberta |
|
| Court: |
Land Compensation Board |
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Bennett, Dennis W. |
|
Claimant |
| |
Johnson, Paul W. |
|
Claimant |
| |
Johnson, Sheila Ann |
|
Claimant |
| |
Johnson, William Walter |
|
Claimant |
| |
Rider, Corinne |
|
Claimant |
| |
Riebel, Alexander F.J. |
|
Claimant |
| |
Riebel, John Peter (Estate) |
|
Claimant |
| |
Sawyer, Sylvia |
|
Claimant |
| |
Alberta (Minister of Environment) |
|
Respondent |
|
| Before: |
Decision maker |
Designation |
|
Sinclair-Santos, Karen |
Member |
| |
Watson, Hervy R. |
Member |
| |
Wildeman, Lorne William |
Member |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Berner, Lorenz |
|
Claimant |
| |
Hurlburt, William H. |
|
Respondent |
| |
McNaughton, Sheila Catherine |
|
Respondent |
|
| Experts: |
Name |
Occupation |
Appearing for |
| |
Lore, James Andrew |
Appraiser |
Claimant |
| |
Amundsen, Douglas Wayne |
Agrologist |
Respondent |
| |
Hoover, Donald Lester |
Appraiser |
Respondent |
| |
McNaughton, Duane Carl |
Geologist |
Respondent |
|
|
|
|
|
|
|
| Decision: |
Application to the Alberta Land Compensation Board for determination of compensation payable to the Claimants by the Respondent pursuant to the Expropriation Act, R.S.A. 2000, E-13. Partial taking of portions of the Claimants' lands to accommodate flooding in connection with a project designed to transfer water from the Red Deer River into Buffalo Lake. Seven separate compensation actions were heard together and considered in this decision. The area of land taken totalled 481.71 acres, the compensation claims totalled $2,234,651 and the Respondent had made advance payments totalling $279,608.10. All of the land taken was in use for agricultural purposes at the date of expropriation. The issues raised for consideration by the Board included market value of the land, reduction in value to the remainder, disturbance and incidental damages and special economic advantage. The claims for special economic advantage were dismissed but awards were made under the remaining heads of compensation. The Board awarded compensation in the aggregate amount of $1,056,454 plus interest. The issue of costs was reserved for future consideration. |
|
|
|
|
|
|
|
|
|
|
|
| ExLaw citation: |
[2007] EXLAW 11 |
|
| Parallel citations: |
2007 Can LII 81377 |
| |
(2007) 93 L.C.R. 207 |
|
|
|
