Digest of papers presented at our annual Expropriation Conference
Select Year
| 2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 |
| 1999 | 1998 | 1997 | 1996 | 1995 | 1994 | 1993 | 1992 | 1991 | 1990 |
| 1989 | 1988 |
2005
- Land Acquisition Strategies for First Nation Lands
Author: Dallas E. Maynard, AACIP.App., SR\WA
Digest: The author discusses rights of First Nations under the Indian Act , First Nations Lands Codes, the Land Management Act and the duty to consult and details how the approach to negotiations with the First Nations are impacted by those provisions and principles.
- Aboriginal and Alberta Rights to Public Lands – The Duty to Consult
Author: Lorne J. Ternes, B.A., LL.B
Digest: The author analyzes the development of aboriginal and treaty rights, then discusses the Alberta Government's policy responses to those rights and finally draws some conclusions as to the required actions of the Provincial Government.
- Expropriation for Private Uses
Author: J. Bruce Melville, LL.B
Digest: The author, a British Columbia expropriation lawyer, examines a number of cases involving the use of state power to expropriate land for private uses.
- Annual Case Update
Author: Ramona Salamucha, B.A., LL.B
Digest: A review of a number of court and Land Compensation Board decisions from the proceeding year.
- Environmental Liability in the Expropriation Context
Author: Corbin Devlin, LL.B
Digest: This paper examines the “cloudy cocktail” mix of environmental liabilities with expropriation law.
- Section 45 of the Expropriation Act
Author: Robert Berrien, P.Ag. A.R.A.
Digest: Mr. Berrien examines the various provisions of Section 45 and discusses their application in some recent cases.
- Compensation for Pipelines: Comparisons Between National Energy Board Act and Provincial Legislation
Author: John Wasmuth, CRFG
Digest: The author compares both federal and provincial pipeline legislation to examine the similarities and differences in both.
2004:
- Quantifying a Loss on a Business Expropriation or a Permanent Impairment of Value Relating to a Public Work
Author: Bob McNally, MBA, CA·CBV
Digest: The author examines some valuation principles using recent case law as illustrations.
- Case Update
Author: Sheila McNaughtan, LL.B.
Digest: A review of a number of Land Compensation Board decisions from the preceding year.
- Incidental Damages – A Uniquely Alberta Approach
Author: Donald Mallon, Q.C. and Ramona Salamucha
Digest: The authors discuss the rationale behind the Alberta Land Compensation Board’s award of non pecuniary damages under Section 56 of the Expropriation Act in several cases looking to the history of the legislation.
- Alberta’s Wetland Policy
Author: Ian Rudland
Digest: The author, who is an Environmental Strategies Advisor for Alberta Environment, discusses Alberta’s policies for wetland management, utilizing the recently released “Water for Life: Alberta’s Strategy for Sustainability”.
- Balancing Rights and Interests
Author: Frank J. Sperduti, B. Com., LL.B.
Digest: This Ontario author discusses a comparison of landowner rights in Alberta and Ontario under those province’s respective Expropriation Acts.
- Ignoring the Scheme or Reforming the Planning Purpose/Expropriation Paradigm
Author: Stephen F. Waqué, LL.B.
Digest: A discussion of different zoning and planning initiatives and the results, including injurious affection and the principles of compensation illustrated through the cases for it.
2003:
- Measuring Damages – the Impact of High Pressure Gas Pipelines on Residential Property Values
Author: John Rolling, Ph.D., SR/WA and Kevin Biller, Ph.D.
Digest: These American authors discussed a number of case studies of pipelines and other lineal utilities and their impact on the value of residential properties, including the impacts of such pipelines was minimal.
- Pipelines – Impact Assessment on Urban Land Development and Property Values
Author: Brian Gettel, AACI
Digest: Mr. Gettel discusses pipeline impacts from a planning and land use perspective, an engineering and servicing costs perspective, a value impact perspective and discusses options for mitigation.
- Expropriation Case Update
Author: Donald P. Mallon, B.Sc., LL.B.
Digest: A summary review of a number of expropriation cases from the preceding year.
- New Directions for the Board in Case Management and Early Dispute Resolution
Author: Gwen Taylor
Digest: The author, a member of the British Columbia Expropriation Compensation Board, discusses some of the historical issues for that Board and a number of proposed changes to the British Columbia legislation.
- Public and Private Expropriation in Saskatchewan
Author: Richard Gibbons
Digest: The Chairman of the Saskatchewan Surface Rights Board provides a thorough discussion of legislation and case law in Saskatchewan in expropriation and surface rights cases.
- Highlights of Recent Land Compensation Board Decisions
Author: S.S. Schumacher, Q.C.
Digest: The Chair of the Alberta Land Compensation and Surface Rights Board provides insights into some of the recent Alberta cases.
- Pipeline Surface Rights Acquisition and Compensation: Recent Developments
Author: Lars Olthafer, LL.B.
Digest: An examination of recent developments in surface rights law and a comparison of rights under Alberta and Federal legislation.
- Revisiting AEA’s Proposed Amendments to the Act
Author: Tom Gould, LL.B.
Digest: A discussion of some proposed changes to the Expropriation Act.
- Transportation & Utility Corridors – History, Program & Fees
Author: Brian DeJong
Digest: A discussion of the purpose of TUC’s and some of the history in Alberta’s major centres.
2002:
- Expropriation of Security Interests
Author: J. Bruce Melville, LL.B.
Digest: The author, an expropriation lawyer practising in British Columbia, provides a careful review of how various security interests are dealt with in “modern” expropriation statutes across Canada.
- Municipal Law and Expropriation
Author: Brian O’Ferrall, Q.C.
Digest: A discussion of the powers conferred under the Municipal Government Act and the application of those powers in a variety of situations including roads and access, annexation, non-conforming buildings and injurious affection where no land is taken.
- Does Accretion Extend Ownership of Land Beyond Original Boundaries Referred to in Certificates of Title?
Author: Sheila C. McNaughtan, LL.B.
Digest: This is a discussion of the principles enunciated in Johnson v. Alberta, a case involving land accretion and property boundaries.
- The Case for Annual Pipeline Compensation
Author: Robert A. Berrien, B.Sc., P.Ag. A.R.A.
Digest: The author examines the case for annual pipeline compensation looking at policy statements by municipalities and the EUB, some cases and an examination of the actual impact on farmers.
- Loss of Access
Author: J. Bruce Melville, LL.B.
Digest: A discussion of various ways in which access to property is lost and available remedies to landowners. Also a digest of various cases across Canada.
- Compensation for Real Property Rights – Public v. Private
Author: John F. Wasmuth, AACI, CAC, P.Ag., B.Sc.(Agr.)
Digest: The author takes us through a comparison of compensation principles in the Expropriation Act and Surface Rights Act and provides some recommendations for consistency.
- Valuation of Ecological Gifts
Author: Dallas E. Maynard, AACI
Digest: A discussion of the valuation process for conservation easements and other eco gifts.
2001:
- Expropriation and Environmental Considerations
Surprises and Hidden Costs
Author: H. W. Thiessen, P.Ag., B.Sc. Agric., M. Agric.
Digest: The author, a former Assistant Deputy Minister of the Department of Environment examines the roles of different expropriation professionals utilizing five case studies that are roughly based on actual case histories. A review of past mistakes provides insights for future actions.
- Tree Appraisals and Values
Author: Verna Mumby, Certified Arborist.
Digest: A discussion of five primary and five secondary formulae for tree valuation and the applicability of each.
- Civil Penalties Under the Income Tax Act in the Context of Appraisal & Valuation Engagements
Author: Brad Severin CA CFP TEP (Slamko Visser Severin & Associates LLP)
Digest: The author, a tax accountant, analyzes the new third party civil penalty provisions of the Income Tax Act as they might be applied to appraisers.
- Tax - A Compensation Issue
Author: Donald P. Mallon LL.B.(Prowse Chowne LLP)
Digest: The author examines the theory behind tax gross-ups, discusses the tax impacts of expropriations and provides examples that suggest the need to think of tax as another monetary head of damage consequential to expropriation.
- Components of Fixed Costs
Author: Stan Lore P. Ag., C.A.C. (AFC Agra Services Ltd.)
Digest: An overview of fixed costs and a review of the grey areas between what are traditionally thought of as fixed and variable costs.
- Home for Home
Author: Marilyn McAvoy, LLB (Alberta Land Compensation Board)
Digest: Personal commentary from this member of the Land Compensation Board in respect of several cases involving s. 47 of the Expropriation Act.
2000:
- Expropriation Costs in Alberta
Author: Donald P. Mallon, B.Sc. LL.B. (Prowse & Chowne)
Digest: A review of all costs cases in Alberta between 1974 and 2000 with commentary. (59 pages)
- Telecom Wars: The Siege of Municipal Rights-of-Way
Author: Brand Inlow, Q.C. (City of Calgary Law Dept.)
Digest: A discussion of the complicated issues arising with telemedia's increasing use of municipal rights-of-way. (7 pages)
- De Facto Expropriation: When does Regulation of Land Use amount to a "Taking"?
Author: Gavin S. Fitch (Rooney Prentice)
Digest: A review and analysis of the principles of de facto expropriation focusing on Mariner Real Estate Ltd. v. Nova Scotia (A.G.) (1999). (9 pages)
- Overview - Alberta Association of the Appraisal Institute of Canada
Author: Brad Wagar (National Governing Council, Appraisal Institute of Canada)
Digest: The author provides an overview of the history and organization of the Appraisal Institute of Canada and discusses initiatives for provincial licensing. (7 pages)
1999:
1. Expert Witness Preparation Guideline
Author: Brian O'Ferrall, LL.B. (Bennett Jones)
Digest: A brief guide of principles of preparation for evidence in chief and cross-examination. (3 pages)
2. Home for a Home
Author: Brian S. Gettel, B. Comm., AACI (Gettel Appraisals Ltd.)
Digest: A discussion of s. 47 (home for home) principles with references to the leading cases. (7 pages)
3. Agricultural Dispositions under the Alberta Public Lands Act
Author: Barry E. Wood, S.R./W.A. (Alberta Transportation & Utilities)
Digest: A review of a number of topics associated with public lands in Alberta, including classification, administration, valuation and some amendments to the Public Lands Act.
(17 pages)
4. Stierle v. Alberta Transportation & Utilities - A Review
Author: Bruce Simpson, AACI, P. Ag. (Serecon Valuation & Agricultural Consulting Inc.)
Digest: A review of the principles arising out of the recent case of Stierle v. Alberta Transportation & Utilities. (5 pages)
5. Fiduciary Duties in the Expropriation Context: The Kinder, Gentler Way to Throw People Out in the Streets
Author: Thomas A. Gould, LL.B.
Digest: The author considers principles of a fiduciary relationship and discusses the application of fiduciary responsibilities of expropriating authorities to landowners.
(21 pages)
1998:
1. Alberta's Expropriation Act: If It Ain't Broke … Just Tinker
Authors: Thomas A. Gould, LL.B., and a joint committee of City of Edmonton, Alberta Transportation and Utilities, City of Calgary and Tom Marriott
Digest: This is actually a three-part compilation of Mr. Gould's 1997 paper, a response by the joint committee to his suggestions and his reply. (174 pages)
2. Case Update
Author: Thomas Marriott, LL.B. (Brownlee Fryett)
Digest: A review of the following cases:
123205 Holdings et al v. M.D. of Foothills, L.C.B. Order No. 377
Santangelo v. Board of Directors of St. Mary River Irrigation District,
L.C.B. File 10854.0, L.C.B. Order 378
Wagner Edmund Saende v. Town of Coalhurst and Minister of Transportation,
L.C.B. Order No. 379
Mount Lawn Industries Ltd. et al v. City of Edmonton, L.C.B. Order No. 380
Pitt v. Red Deer [1997] A.J. No. 1145
Red Deer v. Pitt [1998] A.J. No. 965
Malmberg v. Cardston No. 6 [1997] A.J. No. 1024
3. Overview of Surface Transportation Noise
Author: James Der
Digest: The author discusses the findings of and methodology utilized in the "Alberta Surface Transportation Noise and Attenuation Study" together with the existing legislation, regulation and government policies. (9 pages)
4. Proposed Amendments to the Alberta Expropriation Act
Author: Gavin Fitch (Rooney Prentice)
Digest: This summary of the resolutions on this subject made by those attendees of the 1998 Alberta Conference was presented to the Ontario Expropriation Association.
(6 pages)
5. Proximity Damages
Authors: Jim Prentice and Gavin Fitch (Rooney Prentice)
Digest: A discussion of the kinds of damages related with proximity to public works and the measurement of those damages.
1997:
1. The Impact of "Risk Assessment/Risk Management" in Valuing Contaminated Lands
Author: Daniel St. Gelais, M. Sc., P. Eng. (Alberta Environmental Protection)
Digest: A number of outlines and tables regarding this discussion. (30 pages)
2. Valuing Contaminated Land: The Legal Framework
Author: Donna C. Read, LL.B. (Emery Jamieson)
Digest: Consideration of a number of rights of action arising out of contamination situations and a review of some of the more recent cases. (11 pages)
3. Appraising Environmentally Contaminated Properties
Author: Brian S. Gettel, B.Comm., AACI (Gettel Appraisals Ltd.)
Digest: A review of appraisal considerations in respect of properties that are contaminated but nevertheless where a potential market remains evident. (7 pages)
4. Case Update
Author: Gavin Fitch, LL.B. (Rooney Prentice)
Digest: A review of Ferguson v. Ranger Oil Ltd. (1997), 61 L.C.R. 95; Geleta v. Alberta (Minister of Transportation and Utilities) (1996), 60 L.C.R. 105; and Stierle v. The Queen, L.C.B. Order No. 374.
5. Review of the Dell Holdings and Hill Cases
Author: Lynda C.E. Tanaka, LL.B. (Weir & Foulds)
Digest: The author was counsel for Dell Holdings and reviews the principles discussed by the Supreme Court of Canada. (41 pages)
6. Alberta's Expropriation Act: If It Ain't Broke … Just Tinker
Author: Thomas A. Gould, LL.B.
Digest: The author reviews our provincial act on a section by section basis and makes suggestions for improvements. (100 pages)
1996:
1. Alternative Dispute Resolution for Expropriation
Author: David G. Gould, Q.C. (Canadian Dispute Resolution Corporation)
Digest: The author reviews positional vs. interest-based negotiations in a summary format. (11 pages)
2. Alberta Expropriation Law Update
Author: Thomas A. Gould, LL.B.
Digest: A review of the following cases:
Costello v. City of Calgary (1995), 55 L.C.R. 161
Re Lafarge Construction Materials and City of Calgary (1995), 57 L.C.R. 9
Geleta v. The Queen in right of Alberta (1995), 57 L.C.R. 308
Ferguson v. Ranger Oil Ltd. (1995), 56 L.C.R. 1 and 57 L.C.R. 1
Malmberg v. Municipal District of Cardston No. 6 (1995), 57 L.C.R. 86
3. Section 30 Agreements Pursuant to the Expropriation Act
Authors: Adel A. Abougoush, Q.C. and L. Brad Stevens
Digest: An examination of s. 30 agreements with specific reference to the issue of limitation periods, focusing in particular on the case of Lafarge Construction Materials v. City of Calgary. (12 pages)
4. Valuation of Contaminated Properties
Author: Robert A. Berrien, P.Ag., A.R.A.
Digest: A discussion of the factors and various methods of appraisal of properties with contamination thereon, including some tables of case studies. (14 pages)
1995:
1. Putting a Value on Woody Plants
Author: Brenda Casement (Agroforestry Leader, Crop Diversification Centre North, Alberta Agriculture
Digest: The author in this short paper discusses some of the principles of valuation and a number of considerations that both add and detract to the value of trees. (5 pages)
2. Determining Replacement Value of Trees and Shrubs in Alberta
Author: George Grainger (Alberta Tree Nursery and Horticultural Centre)
Digest: This is an Alberta Agriculture guideline for valuation of trees, shelterbelts and native windbreaks using alternative formulas. (29 pages)
3. State Action and the Right to Compensation
Author: Fred Laux (Faculty of Law, University of Alberta)
Digest: The author discusses principles in the common law and statutes for compensation in cases where landowners are affected by the exercise of government power short of conventional expropriation. (8 pages)
4. An Overview of Assessment and Taxation under the New Municipal Government Act
Author: Leo J. Burgess, Q.C. (Brownlee Fryett)
Digest: The author reviews property assessment and taxation, both under the old legislation and the provisions of the new Municipal Government Act. (16 pages)
5. An Overview of the new Alberta Planning Legislation
Author: Leo J. Burgess, Q.C. (Brownlee Fryett)
Digest: Discussion of the changes instituted by the revised Municipal Government Act. (34 pages)
6. Expropriation and Surface Rights "Takings" on Indian Lands
Author: Dennis B. Roth (Ackroyd Piasta Roth & Day)
Digest: The author discusses the legal and political issues arising with "takings" on Indian lands. (24 pages)
7. Trespass: Whether Compensable under the Expropriation Act
Compensation Where No Land is Taken: An update
Author: John A. Coates, Q.C.
Digest: These two subjects are discussed in this single paper. (15 pages)
8. Natural Resources Conservation Board
Authors: Denise Perret and Martin Chamberlain
Digest: The authors discuss four interrelated topics, namely:
(1) The uncertainty about the scope of the Board's powers;
(2) The control of the Board over local planning processes;
(3) The uncertainty created by the Board's Decision Reports; and
(4) Board jurisprudence.
(20 pages)
9. Case Comments
Author: Thomas D. Marriott (Brownlee Fryett)
Digest: Discussion of the following cases:
Newton (Elreg Holdings Ltd.) v. Town of Penhold, L.C.B. Order No. 358
Canadian Moran Limited v. Minister of Public Works, L.C.B. Order No. 362
Bower v. Minister of Transportation & Utilities, L.C.B. Order No. 365
Malmberg v. Municipal District of Cardston No. 6, L.C.B. Order No. 372
(14 pages)
1994:
1. A New Planning Act - Changes and Consequences
Author: Susan Kay Barry
Digest: The author examines some proposed changes in the new planning regime.
(10 pages)
2. The New Municipal Government Act
Author: Barry R. Sjolie, LL.B. (Brownlee Fryett)
Digest: A summary of the changes to the Municipal Government Act (10 pages)
3. Expropriation Under the New Municipal Government Act
Author: Barry R. Sjolie, LL.B. (Brownlee Fryett)
Digest: A comparative analysis of the old and new acts focusing on changes to procedure. (7 pages)
4. Valuation of Conservancy Interests
Author: Donald P. Mallon, B.Sc., LL.B (Prowse & Chowne)
Digest: A hypothetical analysis using current statutory and common law principles of compensation in order to value a conservancy easement. (3 pages)
5. Legal Mechanisms for Private Land Conservancy in Alberta: A Call for Law Reform
Author: Arlene J. Kwasniak, LL.B (Environmental Law Centre)
Digest: The author reviews the then current state of the law in Alberta comparing it to other jurisdictions and the historical elements of easements. She concludes by suggesting Alberta's laws in this regard need updating. (21 pages)
6. Conservation Easements v. Surface and Mineral Rights
Author: Brian O'Ferrall, LL.B (Bennett Jones Verchere)
Digest: A discussion of the priorities between various pieces of "taking" legislation and conservation easements. (14 pages)
7. Assessment in Alberta
Author: W.D. Jesse, A.M.A.A. (City Assessor, City of Edmonton)
Digest: Powerpoint summaries of this discussion. (30 pages)
1993:
1. Expropriation: A Tax Perspective
Author: Garnet T. Matsuba, B. Com., LL.B (Prowse & Chowne)
Digest: The author reviews principles of taxation and several cases before the Tax Court of Canada and the Federal Court dealing with the treatment of the proceeds of expropriation. (14 pages)
2. Economic Concepts Underlying Compensation for Fixed Costs in Partial Takings
Author: Professor Leonard Bauer (Dept. of Rural Economy, University of Alberta)
Digest: The author examines the economic principles associated with compensation for fixed costs. (4 pages)
3. Environmental Protection and Enhancement Act: Environmental Impact Assessments
Author: Brian O'Ferrall, LL.B (Bennett Jones Verchere)
Digest: A discussion of the criteria for and the process involving environmental impact assessments. (13 pages)
4. Fixed Costs - Separating Myth from Reality
Author: Ronald C. Swist, Barrister and Solicitor
Digest: The author discusses when a landowner is and is not entitled to fixed costs.
(3 pages)
5. Compensation for Fixed Costs in Partial Takings
Author: John F. Wasmuth, AACI, P.Ag., CAC (Galigan MacAllister)
Digest: Mr. Wasmuth looks at this subject from an appraiser's perspective and goes through examples. (8 pages)
1992:
1. Land Use Regulation and the Right to Compensation
Author: Professor F.A. Laux (Faculty of Law, University of Alberta)
Digest: Professor Laux discusses the question of when, through state regulation of land use, via the Planning Act or other legislation, does the process become so confiscatory as to give rise to a right of compensation or some other form of relief on the part of the landowner. He reviews a number of hypothetical scenarios and applies case law in respect of the same.
2. Environmental Consideration for Appraising Urban and Rural Real Estate
Authors: Brian S. Gettel, B.Comm., AACI (Gettel & Dezman Appraisal Consultants Ltd.)
and Bruce Simpson, AACI, P. Ag. (Serecon Valuation & Agricultural Consulting Inc.)
Digest: Through the use of case studies, these authors discuss the difficulties and issues arising in respect of the appraisal of contaminated properties.
3. Assessing Injurious Affection for Urban and Rural Real Estate
Authors: Brian S. Gettel, B.Comm., AACI (Gettel & Dezman Appraisal Consultants Ltd.)
and Bruce Simpson, AACI, P. Ag. (Serecon Valuation & Agricultural Consulting Inc.)
Digest: Through the use of case studies, these authors examine the principles and practical application of injurious affection under the Alberta Expropriation Act.
1991:
1. Partial Takings Agricultural Properties
Author: Don Hoover (Serecon Valuation & Agricultural Consulting Inc.)
Digest: Point form review of the elements to consider in respect of partial takings.
(18 pages)
2. Land Compensation Board Costs Under the Expropriation Act of Alberta
A Case Synopsis with Comments
Author: Justice John D. Rooke (Alberta Court of Queen's Bench)
Digest: A review of all costs cases in Alberta between 1974 and 1991 with commentary (42 pages)
1990:
- "The Appraiser as an Expert Witness" A View from the Board
Author: Michael R. Grover, AACI
Digest: A point form review of the elements of effective testimony. (3 pages)
- Business Valuation & Expropriation Litigation Support
Author: Robert Low (Campbell Valuation Partners Limited)
Digest: A practical examination of the principles of business loss valuation starting with retaining the consultant to quantification techniques and considerations. (30 pages)
- Bill 52 - Natural Resources Conservation Board Act - An Overview
Author: John D. Rooke, Q.C. (Burnet, Duckworth & Palmer)
Digest: The author provided an overview and introduction to new legislation, the Natural Resources Conservation Board Act and some of the concepts and criticisms that were being considered by the Environmental Review Panel before the Bill returned to legislature for passage. (20 pages)
1989:
- Business Valuations
Author: Yusuf A. Karbani, B.A., M.B.A., C.A., C.B.V. (Gardiner Karbani Audy & Partners)
Digest: This author reviews business valuations covering the following areas:
(1) compensability; (2) chronology of events and physical occurrences;
(3) techniques for quantifying business loss; and (4) compensation for goodwill.
(11 pages)
- Environmental Liability in Real Estate Transactions
Author: Andrew R. Hudson, LL.B (Emery Jamieson)
Digest: An overview of sources of environmental and liability and an annotated checklist of factors to be considered by a vendor in planning and negotiating an environmentally sensitive sale of real estate.
(33 pages)
- Highest and Best Use
Author: Lincoln W. North, AACI, MAI, SREA, EA, P.Eng., HMAIV, HMNZIV
Digest: The author wrote this paper for the Appraisal Institute of Canada. It was at the time the definitive word on the subject.
(14 pages)
- Surface Rights - The Conflicting Cases of Cabre v. Arndt and others
Author: J. Darryl Carter, LL.B
Digest: The author examines a number of conflicting decisions in the area of surface rights and reviews various compensation theories.
(46 pages)
- A Short History of Surface Rights
Author: Ronald C. Swist, LL.B
Digest: This paper examines several of the same issues as the previous one, but from the operator's perspective.
(11 pages)
- Compensation Where No Land Is Taken
Author: Stephen F. Waque
Digest: The co-author of New Law of Expropriation review the options in Alberta to a landowner who suffers injury consequent on a public work but absent actual land taking. He examines both common law and statutory remedies and deals with some specific situations, including truck traffic, loss of access, vibration noise, etc., surface and underground water, and loss of prospect.
(31 pages)
1988:
- The Role of an Appraiser in Expropriation Hearings
Author: Edward Shaske, AACI
Digest: Mr. Shaske provides a frank discussion of the appraiser's role and makes recommendations both to experts and legal counsel in respect of that role.
(13 pages)
- Expropriation Act - Background and Policy Considerations
Author: Clifford S. Watt
Digest: A review of the principles of the revised Expropriation Act in British Columbia
(7 pages)
- Compensation for Partial Taking - Expropriation Act v. Surface Rights Act - A World of Difference
Author: Francis C.R. Price (Reynolds, Mirth, Richards & Farmer)
Digest: The author notes a disparity in compensation awarded under the two Acts with compensation under the Expropriation Act usually being substantially less than that awarded under the Surface Rights Act. He makes several recommendations for changes. (33 pages)
- Trees and Their Valuation
Author: George D. Grainger
Digest: A discussion of the functional value of trees.
(5 pages)
- Restricted Development Areas - The First Decade: An Historical Perspective Author: H.W. Thiessen (Local Authorities Board)
Digest: An in-depth review of the history of R.D.A.'s in Alberta by the former Assistant Deputy Minister of the Department of Environment.
(51 pages)
- Taxation of Costs
Author: Kenneth J. Boyd, LL.B (Chairman of the Alberta Land Compensation Board)
Digest: A review of the principles of taxation for landowners, their experts and solicitors by the former Chair of the Land Compensation Board.
(25 pages)
- The Role of the Planner
Author: Alastair Hay, M.A., FRICS
Digest: Practical discussion of the areas of input for planning expertise.
(5 pages)
- The Rule Against Double Recovery and Developments in the Rule in Horn v. Sunderland
Author: John A. Coates, Q.C.
Digest: An analysis of the principles of compensation where the highest and best use is different from the actual use.
(14 pages).
