| Case name: |
Busse v. St. Mary River (Irrigation District) |
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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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Busse, Lloyd Albert |
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Claimant |
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Busse, Marjorie Carol |
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Claimant |
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St. Mary River (Irrigation District) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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MacKenzie, A. Douglas |
Member |
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Schumacher, Stanley S. |
Member |
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Weber, Fred |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Reeder, Kenneth C. |
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Claimant |
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MacLachlan, Thomas B. |
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Respondent |
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| Decision: |
Application to the Alberta Land Compensation Board for determination of compensation pursuant to the Expropriation Act, R.S.A. 1980, c. E-16. The Respondent expropriating authority had expropriated a right of way and easement for a canal. The Board found that the Claimants had filed their application out of time and dismissed the claims for compensation. However, in the event the Board was wrong about the limitations issue, the Board went on to consider the merits of the disturbance damage claim for the cost of providing a livestock watering facility. The Board found that the Claimants' loss of access to water was not caused by the expropriation. Costs were awarded to the Claimant in the amount of $23,813.28. |
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| ExLaw citation: |
[1999] EXLAW 8 |
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| Parallel citations: |
(1999) 69 L.C.R. 121 |
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