| Case name: |
Sequoia Springs West Development Corp. v. British Columbia (Minister of Transportation and Highways) |
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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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Sequoia Springs West Development Corporation |
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Claimant |
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British Columbia (Minister of Transportation and Highways) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Eames, Lesley |
Member |
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Greenwood, Julian K. |
Member |
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Walls, Sharon I. |
Vice-Chair |
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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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Hincks, Alan V.W. |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Davies, Brian K. |
Appraiser |
Claimant |
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Reid, David |
Landscape Architect |
Claimant |
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Parkhill, Dennis |
Appraiser |
Authority |
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| 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. |
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| ExLaw citation: |
[2000] EXLAW 301 |
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| Parallel citations: |
(2000) 69 L.C.R. 1 |
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