| Case name: |
Wauters 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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Wauters, Celina |
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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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Anderson, Walter A. |
Member |
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MacKenzie, A. Douglas |
Member |
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Scragg, Richard K. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Keith, Gordon Douglas |
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Claimant |
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MacLachlan, Thomas B. |
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Respondent |
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| Experts: |
Name |
Occupation |
Appearing for |
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Eichhorn, E. Stanley |
Appraiser |
Claimant |
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Balderston, Glenn O. |
Appraiser |
Respondent |
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Mrazek, Ken |
Engineer |
Respondent |
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Sandberg, Philip |
Agrologist |
Respondent |
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| Decision: |
Application by the Claimant to the Alberta Land Compensation Board for determination of compensation pursuant to the Expropriation Act, R.S.A. 1980, c. E-16. Partial taking of a 7.22 ac. right of way over the Claimant's property for purposes of an underground concrete irrigation pipeline. The subject property was located near Lethbridge. The Board held that compensation for the right of way interest should be valued at 10% of the fee simple value. Compensation was awarded in the amount of $7,455.20 for market value of the right of way plus disturbance damages for crop loss and other incidental damages. The Board also made a final award of costs to the Claimant in the amount of $17,372.19 for legal and appraisal services. |
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| Related decisions: |
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Earlier |
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[1993] EXLAW 8 |
Alta. L.C.B. |
1993-06-17 |
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Later |
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| ExLaw citation: |
[1994] EXLAW 12 |
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