Province contests campground owner’s compensation claim
Land was expropriated to build Little Bras d’Or bridge
The province is contesting claims for additional compensation made by a campground owner who had land expropriated for the construction of a new bridge in Little Bras d’Or.
The attorney general of Nova Scotia’s reply to the claim made by John Brennick, the sole partner operating the Arm of Gold Campground and Trailer Park, was filed with the Nova Scotia Utility and Review Board this week. Earlier this month, Brennick filed an application with the board seeking $380,000 in compensation from the province related to the expropriation, which dates back to 2012. He asked the provincial regulator to review the compensation paid to him for expropriation of two parcels of land and “damages for injurious affection to the remaining land as a result of the expropriation.”
The province’s filing notes that the land was expropriated for the purpose of constructing a replacement for the Little Bras d’Or bridge along Highway 105. It also states that it has complied with the requirements of Expropriation Act under the section dealing with offers to a registered owner if there is no agreement. The province has made a payment of $75,643.42 to Brennick, including interest.
“The respondent denies that the claimant is entitled to any additional compensation for the subject property expropriated, for injurious affect or for business loss,” the province’s reply states.
It goes on to say that Brennick hasn’t provided “sufficient particulars of the injurious affection and business losses for the respondent to adequately reply to the losses claimed.”
The province argues that Brennick suffered no business loss, either as injurious affection or otherwise, as a result of the pending expropriation, the expropriation itself or the use of the highway works.
It adds it is not liable to compensate for remote and speculative business loss and relocation or development costs which are not caused by expropriation or which is not a foreseeable consequence of the expropriation.
If losses were suffered, the province argued they were the result of Brennick failing to take all reasonable steps to mitigate his losses in a timely manner.
In the statement of claim filed with the board by Brennick’s lawyer, the value of the land taken is listed as $52,000. He also claims compensation for $16,500 for loss of trees; $319,950 for the loss of use of 16 campsites and the cost to relocate them; $15,000 for loss of access to beach and the replacement of that access; and $53,3000 for business losses during construction.
It noted a previous payment was made of about $75,600 for the land.
The statement of claim also asks for the recovery of all reasonable engineering costs incurred for site relocation and development, all reasonable legal costs and experts’ fees, interest and any other relief that may be considered just.
According to a search of the province’s land registry, one of the parcels is 28.2 acres and has a value of $306,000 (commercial taxable) and $6,500 (resource). The second parcel is 3.7 acres and has a listed value of $17,200 (residential taxable).