gov-Injustice: fraud

This is where you can find the lying that went on in Court? The Govrenment had no id of what was the land requirement from H.A.R.or Rick

Harris until the date of the survey work.

This work was not started until late February of 1997. so the juse of this is there was no meeting with heather Pugh until some times in February or march of 1997

Goodwin should be charge with fraud as you can see by looking at his report ? on page 90, the only

Place you can find Referents to the drawing that show up in Court on March 14, 2005? Because I did not know any thing about this until this drawing show up in court on March 2005.

So Goodwin must of bend

Part of the Fraud?

Judge Russell must be part of this also. ? why else would a judge think there was a drawing on December 17/96 the same day my wife pick up the notice

intent to Survey letter,

from the mail out let in Oromocto.

The survey line on this Drawing 82 and the drawing in Mac Carter reports was draw up the same time?

This work was done in late February,1997 or March of 1997 ?

So how could a trial Judge come to this conclusion there was a meeting in December 1996?

I believe Russell did this to cover up Goodwin attempt to fraud me out of $70,000.dollars .

There would not be no Goodwin in my life if I was not Expropriation in the first place.

THE MATTER?????????

29 In this Part, "date of expropriation" means the date the vesting notice is filed in the land title office under section 23.

Right to compensation

30 (1) Every owner of land that is expropriated is entitled to compensation, to be determined in accordance with this Act.

(2) If the amount of compensation determined under this Act is less than

(a) the amount paid under section 20, or

(b) any other amount paid by the expropriating authority on account of compensation,

the court must order the amount of the difference as payable to the expropriating authority by the owner to whom the overpayment was made.

(3) Nothing in this Part affects the limitations on compensation provided for by section 121 of the Forest Act.

31 (1) The court must award as compensation to an owner the market value of the owner's estate or interest in the expropriated land plus reasonable damages for disturbance but, if the market value is based on a use of the land other than its use at the date of expropriation, the compensation payable is the greater of

(a) the market value of the land based on its use at the date of expropriation plus reasonable damages under section 34, and

(b) the market value of the land based on its highest and best use at the date of expropriation.

(2) If not included in the market value of land determined in accordance with section 32, the following must be added to that market value:

(a) the value of a special economic advantage to the owner arising out of his or her occupation or use of the land;

(b) the value of improvements made by an owner occupying a residence located on the land.

(3) If there is more than one separate interest in the land expropriated, the value of each interest must, if practical, be established separately.

Definition of market value

32 The market value of an estate or interest in land is the amount that would have been paid for it if it had been sold at the date of expropriation in the open market by a willing seller to a willing buyer.

PS, quote ???? look how they took it in four parts

There no Market for 3 of these taking is size/? Who would buy a property that would be useless’ to then? Mater of fact you would not be aloud to sale property like this in a open Market . There was only one parcel that was legal that D.O.T. took. ? one hole lot. And Mac Carter knew I was offer$ 11,500.00 in 1994.He also knew I made a counter offer of $15,500 back. Then he turn around on January 23,1998 and justified the Government to pay me just $10,000. for this only legal lot taking.

I think he did this as he knew I change Lawyer to Douglas Caldwell & John B.D.Logan.

It look like there a gang of people that was put to gather in 1995 to be able to flees property owner and the Taxpayers in this highway deal

Exclusions from market value

33 In determining the market value of land, account must not be taken of

(a) the anticipated or actual purpose for which the expropriating authority intends to use the land,

(b) an increase in the value of the land resulting from a use that, at the date of expropriation, was capable of being restrained by a court,

(c) an increase in the value of the land resulting from improvements made to the land after the expropriation notice under section 6 (1) (a) or order under section 5 (4) (a) has been served, but not including improvements that are necessary to preserve the value or state of the land,

(d) an increase or decrease in the value of the land resulting from the development or prospect of the development in respect of which the expropriation is made,

(e) an increase or decrease in the value of the land resulting from any expropriation or prospect of expropriation,

(f) an increase or decrease in the value of the land due to development of other land that forms part of the development for which the expropriated land is taken, or

(g) any increase or decrease in value of the land that results from the enactment or amendment of a zoning bylaw, official community plan or analogous enactment made with a view to the development in respect of which the expropriation is made.

Disturbance damages generally

34 (1) An owner whose land is expropriated is entitled to disturbance damages consisting of the following:

(a) reasonable costs, expenses and financial losses that are directly attributable to the disturbance caused to the owner by the expropriation;

(b) reasonable costs of relocating on other land, including reasonable moving, legal and survey costs that are necessarily incurred in acquiring a similar interest or estate in the other land.

(2) If a cost, expense or loss is claimed as a disturbance damage and that cost, expense or loss has not yet been incurred, either the claimant or the expropriating authority may, with the consent of the court, elect to have the cost, expense or loss determined at the time, not more than 6 months after the date of expropriation, that the cost, expense or loss is incurred.

(3) If an owner whose land is expropriated carried on a business on that land at the date of expropriation and, after the date of expropriation, relocates the business to and operates it from other land, reasonable business losses directly attributable to the expropriation must not, unless that person and the expropriating authority otherwise agree, be determined until the earlier of

(a) 6 months after the owner has operated the business from the other land, and

(b) one year after the date of the expropriation.

(4) If the court determines that it is not feasible for an owner to relocate his or her business, there may be included in the compensation that is otherwise payable, an additional amount not exceeding the value of the goodwill of the business.

Limited market — churches, hospitals, schools, etc.

35 (1) Unless an owner elects to be paid compensation in accordance with the other provisions of this Part, the market value of the owner's estate or interest in the land is deemed to be the reasonable cost of equivalent reinstatement if, at the date of expropriation,

(a) the land is used for a church, hospital, school or similar use for which there is no general demand or market, and

(b) the owner undertakes with the expropriating authority that it will relocate and continue the same use on other land.

(2) In determining the reasonable cost of equivalent reinstatement under subsection (1), depreciation of a building on the expropriated land must not be taken into account if the building was being used for the particular use referred to in subsection (1) on the date the expropriation notice under section 6 (1) (a) or order under section 5 (4) (a) was served.

(3) For the purposes of this section, the reasonable cost of equivalent reinstatement must be determined as of the date that the owner obtains, through purchase or construction, reasonably equivalent lands and improvements, but in no case later than one year after the date of expropriation.

Frustration of leases

36 (1) A lease is deemed to be frustrated if, at the date of expropriation,

(a) the entire interest or estate of a lessee in land is expropriated, or

(b) part of the interest or estate of a lessee in land is expropriated, and the expropriation renders the remaining interest or estate of the lessee unfit for the purposes of the lease.

(2) Subject to subsection (1), if part of the interest or estate in land of a lessee is expropriated, the obligation of the lessee to pay rent under the lease is, to the extent of the interest or estate expropriated, abated.

(3) If there is an inconsistency between a provision of a lease and subsection (1) or (2), that subsection prevails.

Market value of security interests

37 If land subject to a security interest is expropriated, compensation must be determined in the manner and amounts prescribed.

Occupiers and lessees

38 (1) If expropriated land includes a residence that is

(a) occupied by a person who, in respect of that residence, would be entitled to a grant under the Home Owner Grant Act, and

(b) not being offered for sale by him or her on the date the expropriation notice under section 6 (1) (a) or order under section 5 (4) (a) was served on him or her,

the person is entitled to be paid, in addition to the amount required to be paid to him or her under section 34, an amount equivalent to 5% of the market value of his or her estate or interest in that part of the land, not exceeding 0.5 ha, that is used personally by him or her for residential purposes.

(2) If expropriated land includes a rental unit as defined in the Residential Tenancy Act or a manufactured home site as defined in the Manufactured Home Park Tenancy Act, a person who leases or occupies the unit or site under an agreement that has a term of less than one year is entitled to be paid

(a) an amount that is equivalent to 3 months' rent for the rental unit or manufactured home site, and

(b) reasonable moving costs.

Disturbance damages for lessees

39 If land that is subject to a lease having a term greater than one year is expropriated, the lessee, whether or not he or she is an occupant of the land, is entitled to reasonable disturbance damages in an amount to be determined by the court by having regard to

(a) the length of the term of the lease,

(b) the length of the unexpired term of the lease,

(d) the nature of the business, if any, carried out on the land under the lease, and

(e) the extent of the lessee's investment in the land that the lessee cannot reasonably recover.

Partial takings

40 (1) Subject to section 44, if part of the land of an owner is expropriated, he or she is entitled to compensation for

(a) the market value of the owner's estate or interest in the expropriated land, and

(b) the following if and to the extent they are directly attributable to the taking or result from the construction or use of the works for which the land is acquired:

(i) the reduction in the market value of the remaining land;

(ii) reasonable personal and business losses.

(2) If a person claims business losses under subsection (1), the losses must not, unless the person and the expropriating authority otherwise agree, be determined until at least 6 months after the loss was sustained.

(3) If part of the land is expropriated, the amount of compensation payable in respect of the matters referred to in subsection (1) (a) and (b) (i) may be established by determining the market value of the area of all of the land before the date of expropriation and subtracting from it the market value of the land remaining after the expropriation occurs, but in no case, subject to section 44, must compensation be less than the amount determined by multiplying the ratio of the area of the land taken to the area of all of the land before it was taken, times the value of the land before it was taken with the appropriate reduction if the interest expropriated is an easement, right of way or similar interest less than the fee simple interest.

(4) For the purposes of the second calculation referred to in subsection (3), the value of the land before it was taken is the value of the land only, having no regard to improvements on the land.

(5) If, in the case of a partial taking, the character and use, or potential use, of the land before it was taken varies such that the land that was taken was, before the taking, more valuable or less valuable than the average value of the land that was not taken, the court may, after making a determination under subsection (3), make an adjustment to reflect that value accordingly.

(6) For the purposes of this section, expropriation of part of the land of an owner occurs only if

(a) he or she retains land contiguous to the expropriated land, or

(b) he or she owns land close to the land that was expropriated, the value of which was enhanced by unified ownership with the land expropriated.

Injurious affection if no land taken

41 (1) In this section, "injurious affection" means injurious affection caused by an expropriating authority in respect of a work or project for which the expropriating authority had the power to expropriate land.

(2) The repeal of the Expropriation Act, R.S.B.C. 1979, c. 117, and the amendments and repeals in sections 56 to 128 of the Expropriation Act, S.B.C. 1987, c. 23, are deemed not to change the law respecting injurious affection if no land of an owner is expropriated, and an owner whose land is not taken or acquired is, despite those amendments or repeals, entitled to compensation to the same extent, if any, that the owner would have been entitled to had those enactments not been amended or repealed.

(3) An owner referred to in subsection (2) who wishes to make a claim for compensation for injurious affection must make his or her claim by applying to the court, and the court must hear the claim and determine

(a) whether the claimant is entitled to compensation, and

(b) if entitled to compensation, the amount of the compensation.

(4) Without limiting any other provision of this section, the BC Transportation Financing Authority has no greater liability to compensate an owner for injurious affection than does the Minister of Transportation and Highways.

Limitation

42 (1) A claim for compensation under section 41 (3) must be made in writing to the court by the person suffering the damage, with particulars of the claim, within one year after the damage

(a) was sustained, or

(b) became known to the person.

(2) If a claim referred to in subsection (1) is not made in accordance with that subsection, the right to compensation is forever barred.

Substituted land

43 If an expropriating authority and an owner whose land is expropriated agree, the expropriating authority may grant to that owner, in complete or partial satisfaction of the owner's claim for compensation,

(a) other land, or

(b) an interest or estate in the expropriated land or other land.

Work or use benefiting claimant

44 (1) If part of the land of an owner is expropriated, and the expropriation or the construction or use of works by the expropriating authority are of special benefit to that owner or to his or her remaining land beyond any general benefit to any other owner benefited by the expropriation or the construction or use, there must be deducted from the amount of compensation payable to that owner the estimated value of the benefit.

(1.1) If part of the land of an owner is expropriated, and the expropriation or the construction or use of the works for which the expropriated land was acquired are of any benefit to that owner, the estimated value of the benefit must be deducted from the amount of compensation otherwise payable to that owner, under section 40 (1) (b) (i), for the reduction in the market value of the remaining land, whether or not any other owner is benefited by the expropriation of the expropriated land or by the construction or use of the works.

(2) If works are not constructed or used within a reasonable period of time, the owner may apply to the court for an appropriate adjustment of compensation.

Legal and appraisal costs

45 (1) If there is an inquiry, the inquiry officer may order the expropriating authority to pay a participant the reasonable costs, to be set by the inquiry officer, incurred by the participant for the purpose of participating in the inquiry.

(2) An appeal lies to the court from an order under subsection (1).

(3) Subject to subsections (4) to (6), a person whose interest or estate in land is expropriated is entitled to be paid costs necessarily incurred by the person for the purpose of asserting his or her claim for compensation or damages.

(4) If the compensation awarded to an owner, other than for business losses, is greater than 115% of the amount paid by the expropriating authority under section 20 (1) and (12) or otherwise, the authority must pay the owner his or her costs.

(5) If the compensation awarded to an owner is 115% or less of the amount paid by the expropriating authority under section 20 (1) and (12) or otherwise, the court may award the owner all or part of his or her costs.

(6) On a claim under section 41 (3), the court may award, in its discretion, costs to the claimant or the expropriation authority.

(7) The costs payable under subsection (3), (4), (5) or (6) are

(a) the actual reasonable legal, appraisal and other costs, or

(b) if the Lieutenant Governor in Council prescribes a tariff of costs, the amounts prescribed in the tariff and not the costs referred to in paragraph (a).

(8) If an expropriating authority and a person referred to in subsection (3) agree on the amount of compensation or damages, but do not agree on the amount of costs to be paid, the costs must be determined by a registrar of the court.

(9) If the court determines the amount of compensation or damages to which a person is entitled, the amount of costs must be determined by a registrar of the court.

(10) In a determination of costs under subsection (8) or (9), the following considerations must be taken into account:

(a) the number and complexity of the issues;

(b) the degree of success, taking into account

(i) the determination of the issues, and

(ii) the difference between the amount awarded and the advance payment under section 20 (1) and (12) or otherwise;

(11) and (12) [Repealed 2004-61-17.]

Interest

46 (1) The expropriating authority must pay interest on any amount awarded in excess of any amount paid by the expropriating authority under section 20 (1) or (12) or otherwise, to be calculated annually,

(a) on the market value portion of compensation, from the date that the owner gave up possession, and

(b) on any other amount, from

(i) the date the loss or damages were incurred, or

(ii) any other date that the court considers reasonable.

(2) Interest is payable at an annual rate that is equal to the prime lending rate of the banker to the government.

(3) During the first 6 months of a year, interest must be calculated at the interest rate under subsection (2) as at January 1, and during the last 6 months, interest must be calculated at the interest rate under subsection (2) as at July 1.

(4) If the amount of the payment under section 20 (1) or (12) or otherwise is less than 90% of the compensation awarded, excluding interest and business loss, the court must order the expropriating authority to pay additional interest, at an annual rate of 5%, on the amount of the difference, calculated from the date that the payment is made to the date of the determination of compensation.

Interest penalties for delay

47 If, in the opinion of the court, an unreasonable delay in proceedings under this Act has been caused by an owner or the expropriating authority, the court may penalize

(a) the owner, by depriving the owner, in whole or in part, of the interest to which he or she is entitled, or

(b) the expropriating authority, by increasing, by not more than double, the interest it is required to pay.

Advance payment of costs

48 (1) An owner may, from time to time after an expropriation notice or an order under section 5 (4) (a) has been served on the owner but before the hearing has begun, submit a written bill to the expropriating authority consisting of the reasonable legal, appraisal and other costs that have been incurred by the owner up to the time the bill is submitted.

(2) On receiving a bill under subsection (1), the expropriating authority must either promptly pay the bill or apply to have the bill reviewed by a registrar of the court.

(3) If the expropriating authority fails to comply with subsection (2), the owner who submitted the bill may apply to a registrar of the court to have the bill reviewed.

(4) [Repealed 2004-61-18.]

(5) At a review under subsection (2) or (3), the person conducting the review must, after taking into account all relevant circumstances, assess the reasonableness of the bill and may make an order with respect to its payment, accordingly.

(6) Section 45 (7) applies to reviews under this section.

(7) If the amount of costs paid under this section exceeds the amount of costs awarded under section 45, the expropriating authority may

(a) deduct the amount of the difference from any amounts of compensation then outstanding, and

(b) if all compensation has been paid, recover the excess by action against the owner.

Part 7 — General

Service

49 (1) Subject to section 6 (5), if a notice or other document is required to be served under this Act, a copy of the notice or other document may be served personally or by registered mail addressed to the person to be served at the person's last known address, or if the person or his or her address is unknown, by publication once in a newspaper having general circulation in the area in which the land is located.

(2) Service is deemed to have been effected

(a) on the date a person is served personally,

(b) if a notice or document is sent to a person by registered mail, on the 14th day after it is sent, or

Extension and abridgment of time

50 (1) The court may, on the application of an interested party, extend or abridge the time periods referred to in sections 9 (4), 10 (3) (c), 12 (1) and (2), 16 (3), 17, 18 (3), 20 (1), 23 (1), 34 (2) and (3) and 35 (3), subject to conditions the court considers just.

(2) The court may make an order under subsection (1) even though the application for the extension or the order granting the extension is made after the expiry of the period of time in respect of which the application to extend is made.

Limitation

51 (1) Legal proceedings to challenge the validity of an expropriation must not be brought after land vests under section 23.

(2) Subject to subsection (1), an application under the Judicial Review Procedure Act must be brought within 30 days after the order or determination subject to review is made.

Liability for taxes

52 The owner of land that is expropriated is liable, to the same extent as if he or she had continued to be the owner, to pay all taxes levied against the land in respect of the period he or she remains in possession of the land, whether possession is under an express agreement or otherwise, and an appropriate adjustment with respect to those taxes must be made between the owner and the expropriating authority.

Inquiry officer compensation

53 Inquiry officers must be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in the discharge of their duties under this Act and may be paid remuneration for their services and serve in accordance with other terms and conditions as the minister may order.

Repealed

53.1 [Repealed 2004-61-20.]

Power to make regulations

54 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations

(a) respecting the practice, procedure or any other similar matters, that the Lieutenant Governor in Council considers necessary or advisable for the better carrying out of Parts 3 and 4, and

(b) prescribing a tariff of costs for the purposes of sections 45 and 48.