Merkl v. Taber, (1984) 64 A.R. 379 (LCB)

• Case Date: September 18, 1984
• Jurisdiction: Alberta
• Citations: (1984), 64 A.R. 379 (LCB)

Merkl v. Taber (1984), 64 A.R. 379 (LCB)

MLB headnote and full text

Merkl v. Municipal District of Taber No. 14

(No. 100885)

Indexed As: Merkl v. Taber (No. 14)

Alberta Land Compensation Board

Kenneth J. Boyd, Chairman

September 18, 1984.

Summary:

A landowner applied under the Expropriation Act for an order fixing compensation for an acre of land expropriated by the municipality to widen a road.

The Alberta Land Compensation Board fixed compensation and taxed costs.

Expropriation - Topic 1031

Measure of compensation - Methods of valuation - Global approach - A municipality expropriated small strips of land from 12 landowners - Eleven of the 12 accepted the municipality's offer of $600.00 per acre - The municipality submitted that $600.00 per acre was therefore the market value of the 12th owner's land as well - The Alberta Land Compensation Board held that it was not permissible or proper to use the "global approach" to compensation that was used under the Surface Rights Act - The Board accepted the $600.00 per acre value as the minimum price per acre and valued the 12th owner's land at $700.00 per acre - See paragraphs 11 to 15.

Expropriation - Topic 1047

Measure of compensation - Methods of valuation - For partial taking - A municipality expropriated one acre from an 80 acre homogeneous parcel - The Alberta Land Compensation Board stated that the value of the expropriated land was the per acre market value of the entire parcel multiplied by the number of acres expropriated - See paragraph 9.

Expropriation - Topic 2328

Practice and procedure - Costs - Solicitor and client costs - A landowner's solicitor took six years to bring the expropriation proceedings to the compensation hearing stage - The solicitor then sought an adjournment - The owner was thereafter represented by another solicitor - The first solicitor did nothing to negotiate a settlement or bring a timely compensation hearing - The Alberta Land Compensation Board disallowed the landowner's $1,148.54 claim for the first solicitor's costs - See paragraphs 38 to 41.

Expropriation - Topic 3009

Compensation awards - Removal of fencing - A landowner lost a mile of four strand barbed wire fencing due to expropriation - The landowner removed the fence and claimed the cost of removing the fence and replacing it - The Alberta Land Compensation Board disallowed the removal costs, but allowed $750.00 to replace the fencing - See paragraphs 18 to 21.

Expropriation - Topic 3022

Compensation awards - Tree belt - A landowner had two rows of eight mature poplars - Expropriation required the loss of one of the rows - The owner claimed $2,400.00 compensation - The Alberta Land Compensation Board held that the trees had no value as a farm or agricultural shelter belt; that their only value was to provide privacy, protection and aesthetic benefits to a house - The trees were unhealthy and appeared to be dying - The Board awarded $400.00 as compensation - See paragraphs 22 to 25.

Cases Noticed:

Markovich Bros. Farming Co. Ltd. v. Pan Canadian Petroleum Limited, [1984] 3 W.W.R. 416; 54 A.R. 72, dist. [para. 11].

Credit Foncier Franco-Canadian v. City of Edmonton (1983), 42 A.R. 145; 26 L.C.R. 63, refd to. [para. 11].

Schwindt v. Minister of Transportation (1983), 25 L.C.R. 271, consd. [para. 23].

Berry et al. v. Alberta, Province of (1979), 23 A.R. 338; 17 L.C.R. 131, folld. [para. 26].

Nissen v. City of Calgary (No. 3) (1984), 51 A.R. 252; 28 L.C.R. 321 (Alta. C.A.), consd. [para. 37].

Statutes Noticed:

Expropriation Act, R.S.A. 1980, c. E-16, sect. 41 [para. 13]; sect. 45(c) [para. 10]; sect. 56 [para. 29].

Counsel:

R. Elander, for the claimant;

J.I. Boras, for the respondent.

This application was heard before the Alberta Land Compensation Board, Kenneth J. Boyd, Chairman, who made the following order on September 18, 1984: