| Case name: |
Brese v. Edmonton (City) |
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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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Brese, Rita M. |
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Claimant |
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Brese, William G. |
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Claimant |
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Edmonton (City) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Logan, John Edward |
Member |
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McAvoy, Marilyn |
Member |
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Schumacher, Stanley S. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Mallon, Donald Patrick |
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Claimant |
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Debrinski, Douglas Steven |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Lovatt, Olga Mary |
Planner |
Claimant |
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Wasmuth, John F. |
Appraiser |
Claimant |
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Andrew, John R. |
Planner |
Authority |
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Gettel, Brian Stanley |
Appraiser |
Authority |
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| Decision: |
Application to the Alberta Land Compensation Board for determination of compensation pursuant to the Expropriation Act, R.S.A. 2000, c. E-13. Partial taking in 1997 of a 14.7 ac. portion of the Claimants' property located in the City of Edmonton for a road upgrading project. The Claimants' property totalled 32.16 ac. prior to the taking.
Claims were advanced for the market value of the land taken, reduction in value of the remaining land, the cost to construct a new driveway, lost capital appreciation and incidental damages. The Board rejected the claims for the cost to construct a driveway and lost capital appreciation. It awarded total compensation in the amount of $193,180 for market value of land taken, reduction in market value to the remaining lands, the cost of finding a replacement property and incidental damages. The Board also awarded interest on the amounts payable. |
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| ExLaw citation: |
[2004] EXLAW 1 |
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| Parallel citations: |
2004 Can LII 72132 |
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2004 CarswellAlta 1065 |
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(2004) 83 L.C.R. 35 |
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