Carvell v. New Brunswick (Minister of Highways), (1974) 10 N.B.R.(2d) 425 (LC Bd.)

Case DateDecember 19, 1974
JurisdictionNew Brunswick
Citations(1974), 10 N.B.R.(2d) 425 (LC Bd.)

Carvell v. N.B. (1974), 10 N.B.R.(2d) 425 (LC Bd.);

    10 R.N.-B.(2e) 425; 4 A.P.R. 425

MLB headnote and full text

Sommaire et texte intégral

Carvell v. Minister of Highways

Indexed As: Carvell v. New Brunswick (Minister of Highways)

Répertorié: Carvell v. New Brunswick (Minister of Highways)

Land Compensation Board

Louis A. LeBel, Q.C., Chairman, J.L. Feeney and Everard Levesque, Members

December 19, 1974.

Summary:

Résumé:

This headnote contains no summary.

Expropriation - Topic 3003

Compensation award - Farmland - The Minister of Highways took for highway purposes 79.1 acres of farmland located in the City of Saint John - The land taken was suitable for residential and commercial development - The Land Compensation Board awarded the claimant $244,900 being 71.2 acres at $2,000 per acre, 6.3 acres at $15,000 per acre and 1.6 acres for $8,000.

Cases Noticed:

St. John Priory of Canada Properties v. City of Saint John (1972), 4 N.B.R.(2d) 344, 2 L.C.R. 1, folld. [para. 54].

Allcross Enterprises Ltd. v. City of Guelph (1973), 4 L.C.R. 259, dist. [para. 55].

Raja Vyricherla Narayana Gajapatiraju v. Revenue Divisional Officer, Visagapatam, [1939] A.C. 302, folld. [para. 57].

Counsel:

John P. Palmer, Q.C., and John Wallace, for the claimants;

Peter A. MacNutt, for the respondent.

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1 practice notes
  • Carvell v. New Brunswick (Minister of Highways), (1975) 11 N.B.R.(2d) 398 (CA)
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • February 20, 1975
    ...board awarded the claimant $244,900 for the lands taken without making any award for compensation for severance of the 150 acres - see 10 N.B.R.(2d) 425. On appeal to the New Brunswick Court of Appeal the appeal was allowed in part. The Court of Appeal increased the compensation award to $2......
1 cases
  • Carvell v. New Brunswick (Minister of Highways), (1975) 11 N.B.R.(2d) 398 (CA)
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • February 20, 1975
    ...board awarded the claimant $244,900 for the lands taken without making any award for compensation for severance of the 150 acres - see 10 N.B.R.(2d) 425. On appeal to the New Brunswick Court of Appeal the appeal was allowed in part. The Court of Appeal increased the compensation award to $2......

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