| Case name: |
Hyhil Land Ltd. v. British Columbia Hydro and Power Authority |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Hyhil Land Ltd. |
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Appellant |
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British Columbia Hydro and Power Authority |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Gansner, Leo S. |
Co. Ct. J. |
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| Lawyers: |
Name |
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Appearing for |
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Hislop, F.C. |
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Appellant |
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Hindle, Len F. |
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Respondent |
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McEwen, John M. |
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Respondent |
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| Experts: |
Name |
Occupation |
Appearing for |
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Barrington, J.W. (Ben) |
Appraiser |
Appellant |
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Blieske, Bernie |
Planner |
Appellant |
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May, James George |
Appraiser |
Respondent |
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Halskov, Eric M. |
Appraiser |
Other |
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| Decision: |
Appeal by a Claimant from the compensation award of a valuator appointed pursuant to the Hydro and Power Authority Act, R.S.B.C. 1979, c. 188. The compensation award was based on "value to owner" principles and totalled $66,800. The Claimant sought compensation in the amount of $160,000.
Partial taking of a statutory right of way for two high voltage electric transmission lines. The property was a vacant rural parcel with potential for subdivision into 20 acre rural residential lots. At issue was market value of the land taken, the residual value to the owner of the land within the right of way and injurious affection to the remainder. The award for injurious affection relied on a finding of "TV and radio disturbances and general ugliness".
The appeal was allowed. The court awarded total compensation in the amount of $95,700 plus statutory interest and costs. |
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| Related decisions: |
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Earlier |
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Later |
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| ExLaw citation: |
[1983] EXLAW 300 |
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| Parallel citations: |
[1983] B.C.J. No. 734 |
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1983 CarswellBC 1080 |
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(1983) 28 L.C.R. 41 |
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