LeBlanc and LeBlanc v. Minister of Natural Resources (N.B.), (1977) 17 N.B.R.(2d) 533 (LC Bd.)

• Case Date: April 14, 1977
• Jurisdiction: New Brunswick
• Citations: (1977), 17 N.B.R.(2d) 533 (LC Bd.)

LeBlanc v. N.B. (1977), 17 N.B.R.(2d) 533 (LC Bd.);

    17 R.N.-B.(2e) 533; 23 A.P.R. 533

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Sommaire et texte intégral

LeBlanc and LeBlanc v. Minister of Natural Resources

Indexed As: LeBlanc and LeBlanc v. Minister of Natural Resources (N.B.)

Répertorié: LeBlanc and LeBlanc v. Minister of Natural Resources (N.B.)

New Brunswick Land Compensation Board

Louis A. LeBel, Q.C., Chairman, Everard Levesque and Frank A. Murray, Members

April 14, 1977.

Summary:

Résumé:

This case arose out of the expropriation of 4 lots of land belonging to the claimants for the land assembly of the Kouchibougouac National Park. After the claimants and the expropriating authority were unable to agree on the valuation of the lots, the matter was referred to the Land Compensation Board for determination.

The Land Compensation Board awarded the claimants a total of $11,840 compensation for the 4 lots.

Expropriation - Topic 1011

Measure of compensation - Valuation of land - Value to owner - Effect or relevance of plans of expropriating authority - The claimants' lands were expropriated for a national park - The first expropriations for the park were made 14 months previous to the taking of the plaintiff's land which resulted in an enhancement of value of all lands in the area - The Land Compensation Board ruled that the claimant should be compensated for the increased value of his land brought about by the expropriating authority - See paragraphs 17, 27.

Expropriation - Topic 3016

Compensation awards - Shore property - Expropriation for a national park of 1 acre of land fronting on a river consisting of a worked-out quarry - There was no beach and no apparent access to the river - The Land Compensation Board awarded compensation of $250 for the lot - See paragraphs 3 to 6 and 31.

Expropriation - Topic 3016

Compensation awards - Shore property - Expropriation for a national park of unimproved 73 acre lot consisting of a 3 acre burn and 70 acres of forest with 290 feet of frontage on a river and frontage on a highway - Shore suitable for recreational purposes - The Land Compensation Board awarded compensation of $1.00 per foot for 290 feet of frontage on the river and $50.00 per acre for the balance of 71 acres for a total of $3,804.00 - See paragraphs 7 to 11 and 16 to 31.

Expropriation - Topic 3016

Compensation awards - Shore property - Expropriation for a national park of unimproved 30 acre lot consisting of a 14 acre burn and 13 acres of forest with 400 feet of frontage on a river, 1,000 feet of frontage on an inlet and 550 feet straddling a highway - Shore suitable for recreational purposes - The Land Compensation Board awarded compensation of $4.00 per foot for the 400 feet of frontage on the river, $2.00 per foot for the 1,000 feet frontage on the inlet and $50.00 per acre for the balance of 23 acres for a total of $4,750.00 - See paragraphs 12 to 13 and 16 to 31.

Expropriation - Topic 3016

Compensation awards - Shore property - Expropriation for a national park of unimproved 35 acre lot consisting of 3 acres cleared, 27 acres of burn and 5 acres of forest with 420 feet frontage on a river and 490 feet straddling a highway - Shore suitable for recreational purposes - The Land Compensation Board awarded compensation of $4.00 per foot for the 420 feet frontage on the river and $40.00 per acre for the balance of 33 acres for a total of $3,000.00 - See paragraphs 14 to 31.

Cases Noticed:

Fraser v. The Queen, [1963] S.C.R. 455, appld. [para. 27].

C.N.R. v. Palmer, [1965] 2 Ex. C.R. 305, appld. [para. 27].

Lamb v. Manitoba Hydro-Electric Board, [1966] S.C.R. 229, appld. [para. 27].

St. John Priory of Canada Properties v. City of Saint John, [1972] S.C.R. 746; 4 N.B.R.(2d) 344; 2 L.C.R. 1, appld. [para. 27].

Counsel:

Joseph Michaud, for the claimants;

Peter A. MacNutt, for the respondent.

This case was heard before LOUIS A. LeBLANC, Q.C., Chairman, and EVERARD LEVESQUE and FRANK A. MURRAY, members of the New Brunswick Land Compensation Board.

On April 14, 1977, the Land Compensation Board delivered the following decision: