| Case name: |
Langdale Landing Properties Ltd. 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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Greatbanks, James |
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Claimant |
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Langdale Landing Properties Ltd. |
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Claimant |
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TNL Construction Ltd. |
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Claimant |
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British Columbia (Minister of Transportation and Highways) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Grover, Michael R. |
Member |
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Shorthouse, Robert W.C. |
Chair |
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Wiltshire, Suzanne K. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Burke, Reinhard |
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Claimant |
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Poole, Vivienne Nerys |
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Respondent |
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| Experts: |
Name |
Occupation |
Appearing for |
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Austin, Peter G. |
Appraiser |
Claimant |
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Brawner, C.O. (Chuck) |
Engineer |
Claimant |
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Bull, Bob |
Real Estate Agent |
Claimant |
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Funk, Keith |
Planner |
Claimant |
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McClintock, John |
Engineer |
Claimant |
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Penonzek, Larry |
Surveyor |
Claimant |
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Procknow, Gary |
Cost Estimator |
Claimant |
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Coulter, Terry |
Engineer |
Respondent |
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Hogan, Peter |
Engineer |
Respondent |
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Ingimundson, Bruce |
Engineer |
Respondent |
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Nilsen, Martyn Carl |
Appraiser |
Respondent |
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Reith, George |
Cost Estimator |
Respondent |
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Wollenberg, Jay |
Planner |
Respondent |
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| Decision: |
Two applications by three Claimants to the British Columbia Expropriation Compensation Board for determination of compensation payable by the Respondent pursuant to the Expropriation Act, R.S.B.C. 1996, c. 125. Several parcels were partially or wholly taken by the Respondent for highway improvements in the vicinity of the Langdale ferry terminal. The Board awarded compensation to the Claimant TNLC in the amount of $150,833 for the market value of its interest in a profit a prendre. It also awarded compensation in the amount of $1,400,000 to the Claimant LLPL for the market value of its fee simple interest. A further award was made to LLPL in the amount of $62,741 for disturbance damages arising from subdivision development costs thrown away. The Board awarded compensation in the amount of $370,000 to the Claimant Greatbanks for the market value of his fee simple interest and reduction in market value to the remainder of his land. A further award in the amount of $65,665 was made for personal losses relating to construction of his driveway. Costs and interest were also awarded to each Claimant. |
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| ExLaw citation: |
[2003] EXLAW 328 |
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| Parallel citations: |
2003 CarswellBC 3556 |
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(2003) 82 L.C.R. 1 |
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