Bepple v. Western Industrial Clay Products Ltd., 2004 BCCA 497 - The British Columbia Court of Appeal has Confirmed Principles of Valuation that Apply to Claims for Compensation by Surface Owners for Loss or Damage Caused by Exploitation of Mineral Rights
Date:
November 1 2004
A recent decision of the British Columbia Court of Appeal has confirmed principles of valuation that apply to claims for compensation by surface owners for loss or damage caused by exploitation of mineral rights. The Court of Appeal in Bepple v. Western Industrial Clay Products Ltd. makes clear that in most cases the maximum compensation available to a surface owner will be the market value of the property, taking into account depreciation. Only in special circumstances will compensation ever exceed this.
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