| Case name: |
Ferancik v. Langley (Township) |
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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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Ferancik, Vladimir |
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Claimant |
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Ferancik, William Rudolph |
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Claimant |
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Ferancik, Zofia |
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Claimant |
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Langley (Township) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Greenwood, Julian K. |
Member |
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Grover, Michael R. |
Member |
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Jamal, Azim S.M. |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Melville, J. Bruce |
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Claimant |
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Bennett, Daniel R. |
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Authority |
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Goulden, James H. |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Rack, John |
Appraiser |
Claimant |
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Anderson, Lyle |
Appraiser |
Authority |
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Ho, Edmund |
Engineer |
Authority |
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| Decision: |
Application by the Claimants to the British Columbia Expropriation Compensation Board for determination of compensation pursuant to the Expropriation Act, S.B.C. 1987, c. 23. Full taking of a 2.25 acre parcel of vacant land located in the Township of Langley. The land was expropriated for park purposes. The parties were in agreement that the highest and best use of the subject property at the date of taking was for subdivision into residential single-family building lots. The Board relied upon the development approach to determine the market value of the land. The Board awarded $460,000 for market value and a further sum of $11,518 for disturbance damages. The award before interest and costs totalled $471,518. The Board also awarded regular and additional interest to the Claimants. However, the interest award was offset in part by an interest penalty applied to the claimants for delay in commencement of the compensation hearing for which their lawyer was found to be responsible. The Board also found that the Claimants were entitled to their actual reasonable costs pursuant to s. 44 of the Act. |
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| ExLaw citation: |
[1996] EXLAW 190 |
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| Parallel citations: |
(1996) 60 L.C.R. 123 |
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