Rofihe, Re, (1974) 17 N.S.R.(2d) 646 (TD)

• Judge: Hart, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: March 13, 1974
• Jurisdiction: Nova Scotia
• Citations: (1974), 17 N.S.R.(2d) 646 (TD)

Rofihe, Re (1974), 17 N.S.R.(2d) 646 (TD);

    19 A.P.R. 646

MLB headnote and full text

Re Rofihe

Indexed As: Rofihe, Re

Nova Scotia Supreme Court

Trial Division

Hart, J.

March 13, 1974.

Summary:

This case arose out of a claim for compensation for land taken by the Province of Nova Scotia for highway purposes. In June, 1972, the Province of Nova Scotia took 8.2 acres of the claimant's land. The land taken was part of a 20 acre lot which the claimant purchased in 1970, for $2,500.00. The claimant proposed to develop the land as a mobile home subdivision. The 20 acre lot fronted on a paved highway. The rear portion of the lot was swampland. The 8 acres expropriated was swampland. Prior to the expropriation the claimant incurred survey and other preparation expenses.

The Trial Division of the Nova Scotia Supreme Court found that the claimant's proposal for development of the land was uneconomic. The Trial Division awarded the claimant $50.00 per acre for the land taken and for injurious affection to a rear portion of the 20 acre lot. In addition, the Trial Division awarded the claimant $6,600.00 for development expenses incurred by the claimant because at the time that the development expenses were incurred the claimant could not foresee that the proposed development of the land would be uneconomic - see paragraph 55.

Expropriation - Topic 3051

Compensation awards - Development costs - The Province of Nova Scotia took 8 acres of swampland for highway purposes - The owner of the land proposed to develop the land as a mobile home subdivision and incurred survey and other preparation expenses prior to the expropriation - The Nova Scotia Supreme Court, Trial Division, awarded the owner $6,600.00 as compensation for development expenses. Compensation awards - Swampland - The Province of Nova Scotia took 8 acres of swampland for highway purposes - The Supreme Court awarded the owner of the swampland $50.00 per acre.

Cases Noticed:

Bauditz et al. v. The City of Halifax (1970), 1 N.S.R.(2d) 38, folld. [para. 49].

The City of Halifax v. Bauditz et al., 2 N.S.R.(2d) 680; [1971] S.C.R. 170; (1971), 14 D.L.R.(3d) 257, folld. [para. 49].

POW Investments Ltd. v. Province of Nova Scotia (1973), 5 N.S.R.(2d) 121, folld. [para. 50].

Statutes Noticed:

Expropriation Act, R.S.N.S. 1967, c. 96, sect. 11 [para. 48].

Counsel:

Walton W. Cook, for the applicants;

V. Blaine Allaby, for the Province of Nova Scotia.

This case was heard by HART, J., at Bridgewater, Nova Scotia, on January 30, February 25 and 26, 1974.

Judgment was delivered by HART, J., on March 13, 1974.