APPEARANCES: The Lawyers,????

Douglas A. Caldwell, Q.C., this lawyer is from N,S.

Greg G. Byrne, Q.C. this lawyer is now in Governments and minister.

for William and Barbara Rowan and Edith Rankin

Richard Williams, Esq. for the Province of New Brunswick

D E C I S I O N

GARNETT, J

[1] These applications are for a determination of the amount of compensation to which the Applicants are entitled as a result of the expropriation of portions of their land by the Respondent, Province of New Brunswick (the Province). Because the facts were so similar, the two applications were tried at the same time.

The Rankin Application

Facts

[2] The Applicant, Edith Rankin (Rankin) owned approximately 79.8 ha. (Parcel No. 97-2, Plan No. 15-3-0083). It is located approximately 1,100 m. west of the Wilsey Road, and south of the Vanier Highway (Ex. J-6, aerial photograph). In 1997, the Province expropriated approximately 3.286 ha. The Notice of Intention to Expropriate was filed on July 31, 1997 and the Notice of Expropriation was registered on October 30, 1997. The land taken was used to construct a new portion of the Trans Canada Highway (TCH). The remaining land was divided into two parcels; the one north of the TCH is 53.291 ha. and the one south of the TCH is 23.223 ha. The north parcel which is zoned Future Development is located within the boundaries of the City of Fredericton and the south parcel which is zoned Residential Unserviced is located within the Parish of New Maryland.

[3] The original lot was approximately 270 m. wide and 4,500 m. long. It was (and is) undeveloped and is covered by forest and brush. The northern portion fronts on the Vanier Highway which is a controlled access highway and the eastern corner abuts the Wilsey Road. There is no permissible subdivision street access on either the Vanier Highway or the Wilsey Road. The nearest municipal services terminate 1300 meters from the northern extremity of the lot.

The Dispute

[4] The parties disagree regarding the value of the land taken and regarding the affect the taking had on the remaining land.

The Rankin Claim:

I Market value of land taken ($3,705 per ha. x 3.286 ha.)	$ 12,180
II Loss in value of remaining land A. The “brook” parcel B. The south parcel	$ 20,661 $ 65,680
III Other injurious affection claims: A. Loss in wood sales (3 truckloads x $3,000) B. Floating equipment over 30 years ($18,000 discounted at 8 percent) C. Owner’s time D. Long distance phone charges E. Mileage F. Photocopying G. Culverts H. Loss in gravel sales at $1 per cubic yard I. Survey of property line	$ 9,000 $ 3,578 $ 30,400 $ 180 $ 612 $ 9 $ 3,000 ???? $ 1,000
Total	$ 146,300

[5] The Province’s response:

I Market value of land taken ($1,518 per ha. x 3.286 ha.)	$ 5,000
II