Can an expropriated property be valued on a valuation based on immediate sale for use by the owner of the land for the purpose of building purposes?

Saskatchewan, Canada


The following excerpt is from R. v. Mitchener, 1968 CanLII 532 (SK CA):

In Horn v. Sunderland Corpn., supra, all of the claimant’s farm lands were expropriated. He was compensated on the basis of land ripe for urban development. The question to which the court directed its attention was whether the claimant could combine a valuation based on immediate sale for building purposes with a claim for disturbance and consequential damage on the footing of interference with argicultural operations. The answer of the majority of the court was that the claim for disturbance and consequential damage did not lie. The owner could only realize the building value in the market if he was willing to abandon his farming operations. Compensation would only be paid if the sum of the agricultural value and the claim for disturbance and consequential damage exceeded the building value.

Other Questions


What is the test for an owner to claim a greater value for their property than its market value? (Saskatchewan, Canada)
Is there any relationship between a co-owner of a property and the owner of the property? (Saskatchewan, Canada)
Is an owner of a property entitled to make a sale of the property himself notwithstanding that he has listed the property with an agent? (Saskatchewan, Canada)
In what circumstances will a lien holder of a property be considered a "contractor" of the same class as the owner of the property? (Saskatchewan, Canada)
Does the value of a jointly owned property have to be discounted because the wife’s sister has a joint interest in the property? (Saskatchewan, Canada)
Can a property owner be held liable for failing to disclose to the purchaser that he had a water issue with his property? (Saskatchewan, Canada)
What is the effect of an agreement where an agent is required to pay a commission to a potential buyer of a property if the property is purchased directly or indirectly? (Saskatchewan, Canada)
Can a person who entered a building before entering the building can bring an action for trespass? (Saskatchewan, Canada)
What is business disturbance loss for the purposes of determining whether a business has been adversely affected by the expropriated land? (Saskatchewan, Canada)
What is the test for liability for damage caused to a person’s property by workmen who cause damage to the property? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.