EXPROPRIATION - Compensation - Residential property - Valuation of land

Law360 Canada (April 24, 2023, 9:52 AM EDT) -- Appeal by the District of North Vancouver (District) from an order to pay Hanlon an additional $900,000, plus interest and costs for the expropriation of her property. The District argued that the judge erred in law by failing to treat the listing for sale of Hanlon’s property at $1.9 million in 2016-2017 as conclusive of its maximum market value. It was also argued that the judge misconstrued evidence related to determining market value of the property. The District expropriated Hanlon’s single-family home for a project to improve the Upper Levels Highway. The parties could not agree on the amount of compensation payable to Hanlon for the taking. The District maintained that its advance payment of $2 million was more than fair in the circumstances. Hanlon demurred, and the matter went before a Supreme Court judge under the provisions of the Expropriation Act. The judge concluded the market value of Hanlon’s property was $2.9 million as of the date of the expropriation. The judge gave considerably more weight to the evidence of the expert appraisers called by Hanlon than to that of the District’s expert. The judge accordingly ordered the District to pay Hanlon the difference between the payment made in November 2018 and the court-assessed market value in the amount of $900,000, plus interest and costs....
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