Digest of Papers

2015:

2014:

1. Gimbel v. Alberta - Interest According to the Court of Appeal - The Views of Counsel
   Author: Robert Simpson, Q.C., and Tim Mavko, LL.B.
   Digest: A discussion of the case background, and the first and second Court of Appeal decisions in the above matter.
2. Adverse Impact to the Balance of Undeveloped Lands From Transmission Towers
   Author: Paul Barrette, LL.B.
   Digest: A brief discussion of injurious affection in the context of three Surface Rights Board decisions from March 2014.
3. 2013 - 2014 Land Compensation Board Case Update
   Author: Sheila McNaughtan, Q.C., Debi Piecowye, LL.B., and Michelle Bohn, LL.B.
   Digest: A review of a number of court and Land Compensation Board decisions from 2013 and 2014.
4. Valuation Expertise in Quantifying Losses Under Expropriation
   Author: Al Burant, CA, CBV., and Barbara Morton, CA, CBV.
   Digest: The authors provide information on how Chartered Business Valuators can assist in quantifying losses in an expropriation.
5. 2013 - 2014 Surface Rights Board Case Update
   Author: Debbie Bishop, LL.B.
   Digest: A review of a number of court and Surface Rights Board decisions from 2013 and 2014.
6. Should Landowners and/or Expropriating Authorities Avoid Courts Like the Plague?
   Author: Honourable Justice Brian O'Ferrall, Court of Appeal of Alberta
   Digest: After listing examples in legislation where one may go to Court in expropriation matters, Justice O'Ferrall provides examples of Court and Board interaction. 
7. Compensation for Urban Surface Facilities
   Author: Bob Berrien, B.Sc., Keith Wilson, LL.B., and David Farmer, LL.B.
   Digest: Mr. Wilson explores how compensation for urban well sites is determined. The focus of this paper is on annual compensation and five-year rate reviews as opposed to first year undertakings.
8. How Many Years Are in a Decade? Evaluating the Past and Navigating the Future of Expropriation and Surface Rights Dispute Resolution
   Author: Karen Sinclair-Santos, LL.B.
   Digest: This presentation presents some statistics from the past decade, as well as legislative changes over the years.

2013:

1. Property Rights Advocate Office - An Overview & Comment From the Property Rights Advocate on How This Office is Relevant to Practitioners
   Author: Lee Cutforth, Property Rights Advocate
   Digest: A copy of the 2012 Annual Report of the Alberta Property Rights Advocate Office.
2. Section 46 of the Expropriation Act - Special Structures (A Case Study)
   Author: Derek Lloyd, LL.B.
   Digest: After a brief description of Section 46, the author discusses the John Howard Society.
3. 2012-2013 Land Compensation Board Case Update
   Author: Donald Mallon, Q.C. and Debi Piecowye, LL.B.
   Digest: A review of a number of court and Land Compensation Board decisions from 2012 and 2013.
4. The Views of Counsel for Antrim Truck in Antrim Truck Centre Ltd. v. Ontario (Transportation), on the Applicability of the Supreme Court of Canada's 2013 Decision to Alberta Expropriations    
   Author: Shane Rayman, LL.B.
   
5. Radomski - Stop Asking the City of Calgary Why it Didn't Appeal
   Author: Michael Marion, LL.B., Jari Sokkanen, LL.B. and Brian Gettel
   
6. Compensation/Consideration for Pipeline Rights of Way Under Alberta and Federal Legislation
   Author: John Wasmuth and Jeremy Wasmuth
7. The New Chairperson's Perspective on the Surface Rights and Land Compensation Boards
   Author: Gerald Hawranik, Chair - Surface Rights Board & Land Compensation Board
8. 2012-2013 Surface Rights Board Case Update
   Author: Debbie Bishop, LL.B.
   Digest: A review of a number of court and Surface Rights Board decisions from 2012 and 2013.

2012:

1. Expert Witness - "Trips & Traps" - Instructions, Privilege and Questions, and Instructions
   Author: Paul Bender, Scott Lawritsen and Gavin Fitch, LL.B.
   Digest: Three presentations on the role of expert witnesses and preparing them for cross-examination.
2. Compensation for Transmission Line Interests
   Author: Bob Berrien  
   Digest: A discussion of the complexities of compensation for power lines, including the components of compensation and damage to the land. (11 pages)
   
   Author: Bruce Simpson
   Digest: This paper focuses on the annual compensation issues; loss of use and adverse effect. (4 pages)
   
   Author: Robert Telford
   Digest: By examining three case studies, the author discusses planning a transmission line. (7 pages)
   
   Author: Justian Wylie 
3. Surface Rights Case Update
   Author: David Farmer, LL.B.
   Digest: A review of a number of court and Surface Rights Board decisions from 2011 and 2012.
4. Compensation for an Expropriation of Billboard Sign Under Calgary's Land Use Bylaw
   Author: Nick Parker, LL.B. and Hugh Ham, LL.B.
   Digest: A presentation of the facts in Golfscape v. Alberta, followed by a breakdown of both the Claimant's witnesses and Respondent's witnesses and their evidence.
5. Land Compensation Case Updates
   Author: Debi Piecowye, LL.B. and Don Mallon, LL.B.
   Digest: A review of a number of court and Land Compensation Board decisions from 2011 and 2012.
6. Injurious Affection: Issue of Damages and Offsetting Betterment
   Author: Paul Bender 
   Digest: After a review of the Ontario and Alberta Expropriation Acts and definitions, including injurious affection and disturbance damages, Mr. Bender presents a couple of case studies.
7. Update to Potential Legislative Amendments
   Author: Tom Gould, LL.B.
   Digest: A discussion of what has changed since 1997 when Mr. Gould last presented on the Legislative Review Project for the Alberta Expropriation Act in which he was a part.
8. Surface Rights and Natural Justice (Mueller Case)
   Author: Debbie Bishop, LL.B. and Lars Olthafer, LL.B. 
   
   

2011:

1. Mediator or Arbitrator - The Role of the Land Compensation Board
   Author: K. Hugh Ham, LL.B. and Jennifer Sykes, LL.B.
   Digest: This paper explores if the Board's decisions reflect a search for a middle ground between the positions of the expropriating authority and the claimant.
2. Mediation
   Author: Ivan J. Derer, Q.C.
   Digest: After a brief breakdown of the mediation process, the author advocates breaking through myths that have clearly stymied the growth and understanding of mediation in recent decisions.
3. Surface Rights Board - Case Update
   Author: Debbie Bishop, LL.B.
   Digest: A review of a number of court and Surface Rights Board decisions from 2010 and 2011.
4. Loss of Use - (How Gross is it?) and Adverse Effects
   Author: Don Hoover 
   Digest: This paper presents information regarding alternative methods on how compensation can be estimated for the loss of use of component, and for tangible and intangible adverse effects.   
5. Loss of Use and Adverse Effect in Surface Rights Awards
   Author: Heidi Meldrum, LL.B.
   Digest: A brief overview of the varying interpretations and application of surface rights legislation regarding loss of use and adverse effect awards based on empirical calculations of agricultural losses.
6. New Trends in Expropriation - Avoiding Expropriation
   Author: Shane Rayman, LL.B. and Guillaume Lavictoire, LL.B.
   Digest: A discussion of the measures which assist authorities in avoiding unnecessary expropriations, while paying particular attention to the distinction between small-scale and large-scale owners (such as property developers).
7. Land Compensation Board and Expropriation Caselaw Update 2011
   Author: Donald P. Mallon, Q.C., Debi L. Piecowye, LL.B., and Michelle Bohn, LL.B.
   Digest: A review of a number of court and Land Compensation Board decisions from 2010 and 2011.
8. The Effectiveness of Loss Quantification Experts in an Expropriation Context
   Author: Prem Lobo, CA., CBV., CPA.
   Digest: This presentation discusses what factors impact the credibility and effectiveness of loss quantification/business valuation experts in expropriation proceedings.

2010:

1. Interim Legal and Appraisal Fees in Expropriation Proceedings
   Author: K. Hugh Ham
   Digest: Mr. Ham discusses the need for the general practice of the expropriating authority to reimburse legal and consulting fees only upon final resolution of the matter to change and for landowners to be reimbursed for expert fees as soon as they are payable in normal commercial practice.
2. Report from the Surface Rights and Land Compensation Boards - Tips on Presenting Your Case
   Author: Karen Sinclair-Santos
3. Relocation Valuation in Expropriation and Surface Rights Contexts
   Author: David Farmer, LL.B. and Sean MacDonald, LL.B. 
   Digest: Using case law, the authors analyze Sections 47, 53 and 54 of the Expropriation Act, as well as Section 25 of the Surface Rights Act. 
4. The Legal Duty to Consult
   Author: Susan Waywood
   Digest: This paper provides a background of Treaty Rights, and outlines consultation guidelines for land development. 
   
5. The Landowner's Perspective in Linear Projects
   Author: Dave Core
   
6. Surface Rights Board and Surface Rights Caselaw Update
   Author: Tom Owen
   Digest: A review of a number of court and Surface Rights Board decisions from 2009 and 2010.
7. Land Compensation Board and Expropriation Caselaw Update
   Author: Donald Mallon, Q.C. and Debi Piecowye, LL.B.
   Digest: A review of a number of court and Land Compensation Board decisions from 2009 and 2010.

 2009:

1. Crop Yield Monitoring of Reclaimed Industrial Sites
   Author: Ty Faechner, Ph.D., P.Ag.
   Digest: A PowerPoint presentation analyzing crop yield monitoring using Global Positioning Systems (GPS).
2. Land Assembly Project Area Act
   Author: Lyle Markovich
   Digest: The author discusses the new legislation, including how it differs from RDA legislation, and the Act in operation.
3. Expropriation Case Law Update
   Author: Donald Mallon, Q.C. and Sheila McNaughtan, LL.B.
   Digest: A review of a number of court and Land Compensation Board decisions from 2008 and 2009.
4. The Alberta Land-Use Framework and The Alberta Stewardship Act
   Author: Morris Seiferling, Assistant Deputy Minister, Sustainable Resource Development and Cindy Chiasson
   Digest: Two presentations which consider land-use and new legislation under development.
5. Conoco v. Lemay - A Break from the Pattern of Dealings
   Author: Heidi L. Meldrum, LL.B. 
   Digest: This paper examines a recent Court of Queen's Bench decision in surface rights matters.
6. Moller Decision Regarding Land Valuation
   Author: Darryl Carter, Q.C. and Chris Holmes (speakers)
   Digest: A discussion of the Moller decision.
7. Green Belts and Ring Roads - Land Use Planning or Down-Zoning for Infrastructure Development Author: Frank Sperduti, B. Com., LL.B. and Christel Higgs, Hons. B. Kin., B.A., LL.B.
   Digest: An exploration of the law in Ontario and Alberta surrounding the implementation of land use regulations principally aimed at maintaining a land reserve for future infrastructure needs and to curb urban development.

2008:

1. Practice and Procedure Update - Alberta Surface Rights Board and Land Compensation Board
   Author: Karen Sinclair-Santos, LL.B.
   Digest: An outline of the structure, history, roles and statistics of the Surface Rights Board, as well as an update on procedures within the Board.
   
2. The Use of Judicial Review in Expropriation
   Author: Michael D. Mysak, LL.B.
   Digest: This paper briefly explores the use of judicial review in the context of expropriation cases through a study of two cases presented to the Court in the fall of 2007.
   
3. New Developments in Power Line Compensation Author: Robert A. Berrien, P.Ag., A.R.A.
   Digest: Mr. Berrien discusses the changes in the process for applications, which now allows project to come from the utilities, a power generator, a merchant, or the Alberta Electric System Operator (AESO).
   
4. Mitigating Damages - A Business Perspective on the Private Cost of Public Works
   Author: Danielle Smith, Director of Provincial Affairs, Alberta
   Digest: Using two case studies, the author examines the impact of construction of public works on small businesses. 
   
5. Compensation Where No Land is Taken
   Author: Michael A. Marion, LL.B.
   Digest: The author addresses the options available to a landowner for compensation where no land is taken, such as injurious affection.
   
6. Eminent Domain and Expropriation for Private Interests (The US Experience)
   Author: Jeff Rowes
   Digest: Three articles from various publications,written by Mr. Rowes, which discuss the issues of blight and eminent domain.
7. A Review of Recent Expropriation Cases
   Author: Donald Mallon, Q.C. and Debi Piecowye, LL.B.
   Digest: A review of a number of court and Land Compensation Board decisions from 2007 and 2008.
   
   

2007:

1. Mediation in Expropriation and Surface Rights Cases
   Author: Jim McCartney, LL.B., Cert. Med., C. Med.
   Digest: The author looks, within the context of expropriation, at the nature of conflict, mechanisms for resolving conflict, mediation specifically, how mediation might be usefully employed in resolving expropriation related disputes, and some current mediation initiatives.
   
2. Toronto Area Transit Operating Authority v. Dell Holdings Ltd. - A Ten Year Retrospective
   Author: Lynda C.E. Tanaka, B.A., LL.B., FCI Arb, C. Arb.
   Digest: This paper analyzes the impact of the Supreme Court of Canada decision on the subsequent development of the law.
   
3. Restoration of Native Grasslands - How and Why
   Author: David Walker, PAg., PBiol, CPESC, CPRM
   Digest: A discussion of the restoration of native grasslands using several case studies.
   
4. Court of Appeal of Alberta - Lavesta Area Group v. Alberta (Energy and Utilities Board)
   Author: Decision of Madam Justice Carole Conrad
   
5. Expropriation Case Update
   Author: Derek J. King, B.A., LL.B. 
   Digest: A review of a number of court and Land Compensation Board decisions from the preceding year.
   
6. 10 Things Landowners Should Do To Improve Their Surface Rights Experience
   Author: Daron Naffin, LL.B. and Laurel Lui
   Digest: A breakdown of how a landowner can improve their surface rights experience, including understanding the extent of surface rights and understanding the limits of a Surface Rights Board hearing.
   
7. 10 Things Energy Companies Can Do To Improve Their Surface Rights Experience
   Author: Kieth Wilson, B.A., LL.B
   Digest: Mr. Wilson discusses how energy companies can improve their surface rights experience, including recognizing the landowner's rights, and not assuming a farmer's or landowner's time is free.
8. Positives, Perils and Pitfalls of Opinion and Hearsay Evidence
   Author: Judge Brian O'Ferrall
   
   

2006:

1. Reserve Lands - Section 661 Municipal Government Act 
   Author: Hugh Ham (Municipal Counsellors)    
2. Compensation for Adjacent Land Owners – s. 534 Municipal Government Act
   Author: Ed Frost, LL.B
   Digest: The author discusses the aspects of a section 534 claim, with respect to compensation for adjacent land owners in expropriation matters, both from a legal and an appraisal point of view, and makes a few suggestions for future claims.
3. Expropriation Compensation Protocols in U.S. Jurisdictions
   Author: Lee Smith, LL.B
   Digest: Mr. Smith outlines compensation in the U.S. in regard to parcel, highest and best use, measurements of just compensation, regulatory takings federal legal criteria, and partial takings valuation.
4. Regulatory Takings: CPR v. Vancouver
   Author: J. Bruce Melville, LL.B
   Digest: The author, a Vancouver based lawyer, reviews the Supreme Court of Canada decision in Canadian Pacific Railway Co. v. Vancouver (City).
5. “Without Prejudice” Communications
   Author: Judge Brian O’Ferrall
   Digest: Provincial Court of Alberta Judge, Brian O’Ferrall, discusses written or oral communications made for the purpose of a genuine attempt to settle a dispute, and why they are generally inadmissible in evidence before a court or tribunal.
6. LCB/SRB Update 
   Author: Brian Gifford (Chair, LCB/SRB)  
7. Luscar Ltd. – Bow Valley City Power Project – Compensation Principles
   Author: Robert Thompson
   Digest: A case study of the land acquisition principles and negotiating guidelines used between Luscar Ltd. and Bow City Power Project.
8. Expropriation and Surface Rights Case Review
   Author: Donald Mallon, Q.C.
   Digest: A review of a number of court and Land Compensation Board decisions from the preceding year.
9. Overview of Interests Taken Under the Surface Rights and Expropriation Acts of Alberta
   Author: Shawn Munro LL. B & Scott England, Student-at-Law
   Digest: The authors provide an overview of the nature of surface rights interests and the different amounts of compensation awarded for similarly situated parcels of land.
    

2005:

1. Land Acquisition Strategies for First Nation Lands
   Author: Dallas E. Maynard, AACIP.App., SR\WA
   Digest: The author discusses rights of First Nations under the Indian Act , First Nations Lands Codes, the Land Management Act and the duty to consult and details how the approach to negotiations with the First Nations are impacted by those provisions and principles.
2. Aboriginal and Alberta Rights to Public Lands – The Duty to Consult
   Author: Lorne J. Ternes, B.A., LL.B
   Digest: The author analyzes the development of aboriginal and treaty rights, then discusses the Alberta Government's policy responses to those rights and finally draws some conclusions as to the required actions of the Provincial Government.
3. Expropriation for Private Uses
   Author: J. Bruce Melville, LL.B
   Digest: The author, a British Columbia expropriation lawyer, examines a number of cases involving the use of state power to expropriate land for private uses.
4. Annual Case Update
   Author: Ramona Salamucha, B.A., LL.B
   Digest: A review of a number of court and Land Compensation Board decisions from the preceding year.
5. Environmental Liability in the Expropriation Context
   Author: Corbin Devlin, LL.B
   Digest: This paper examines the “cloudy cocktail” mix of environmental liabilities with expropriation law.
6. Section 45 of the Expropriation Act
   Author: Robert Berrien, P.Ag. A.R.A.
   Digest: Mr. Berrien examines the various provisions of Section 45 and discusses their application in some recent cases.
7. Compensation for Pipelines: Comparisons Between National Energy Board Act and Provincial Legislation
   Author: John Wasmuth, CRFG
   Digest: The author compares both federal and provincial pipeline legislation to examine the similarities and differences in both.

2004:

1. Quantifying a Loss on a Business Expropriation or a Permanent Impairment of Value Relating to a Public Work
   Author:  Bob McNally, MBA, CA·CBV
   Digest:  The author examines some valuation principles using recent case law as illustrations.
2. Case Update
   Author:  Sheila McNaughtan, LL.B.
   Digest:  A review of a number of Land Compensation Board decisions from the preceding year.
3. Incidental Damages – A Uniquely Alberta Approach
   Author:  Donald Mallon, Q.C. and Ramona Salamucha
   Digest:  The authors discuss the rationale behind the Alberta Land Compensation Board’s award of non pecuniary damages under Section 56 of the Expropriation Act in several cases looking to the history of the legislation.
4. Alberta’s Wetland Policy
   Author:  Ian Rudland
   Digest:  The author, who is an Environmental Strategies Advisor for Alberta Environment, discusses Alberta’s policies for wetland management, utilizing the recently released “Water for Life: Alberta’s Strategy for Sustainability”.
5. Balancing Rights and Interests
   Author:  Frank J. Sperduti, B. Com., LL.B.
   Digest:  This Ontario author discusses a comparison of landowner rights in Alberta and Ontario under those provinces' respective Expropriation Acts.
6. Ignoring the Scheme or Reforming the Planning Purpose/Expropriation Paradigm
   Author:  Stephen F. Waqué, LL.B.
   Digest:  A discussion of different zoning and planning initiatives and the results, including injurious affection and the principles of compensation illustrated through the cases for it.
7. Power and Practice of Negotiation
   Author: Dr. William Taylor
   Digest: A brief overview of the art of negotiating.
8. Representing Landowners in Surface Rights & Expropriation Cases 
   Author: Darryl Carter
   Digest: The author elaborates on the most important matters to be considered when representing a landowner, which are the location of the facility, the amount of compensation, and the form of the agreement.
9. Representing Industry in Surface Rights & Expropriation Cases
   Author: Ron Swist
   Digest: An analysis of what to consider when representing the expropriator in surface rights and expropriation cases.

2003:

1. Measuring Damages – the Impact of High Pressure Gas Pipelines on Residential Property Values
   Author:  John Rolling, Ph.D., SR/WA and Kevin Biller, Ph.D.
   Digest:  These American authors discussed a number of case studies of pipelines and other lineal utilities and their impact on the value of residential properties, including the impacts of such pipelines was minimal.
2. Pipelines – Impact Assessment on Urban Land Development and Property Values
   Author:  Brian Gettel, AACI
   Digest:  Mr. Gettel discusses pipeline impacts from a planning and land use perspective, an engineering and servicing costs perspective, a value impact perspective and discusses options for mitigation.
3. Expropriation Case Update
   Author:  Donald P. Mallon, B.Sc., LL.B.
   Digest:  A summary review of a number of expropriation cases from the preceding year.
4. New Directions for the Board in Case Management and Early Dispute Resolution
   Author:  Gwen Taylor
   Digest:  The author, a member of the British Columbia Expropriation Compensation Board,  discusses some of the historical issues for that Board and a number of proposed changes to the British Columbia legislation.
5. Public and Private Expropriation in Saskatchewan
   Author:  Richard Gibbons
   Digest:  The Chairman of the Saskatchewan Surface Rights Board provides a thorough discussion of legislation and case law in Saskatchewan in expropriation and surface rights cases.
6. Highlights of Recent Land Compensation Board Decisions
   Author:  S.S. Schumacher, Q.C.
   Digest:  The Chair of the Alberta Land Compensation and Surface Rights Board provides insights into some of the recent Alberta cases.
7. Pipeline Surface Rights Acquisition and Compensation:  Recent Developments
   Author:  Lars Olthafer, LL.B.
   Digest:  An examination of recent developments in surface rights law and a comparison of rights under Alberta and Federal legislation.
8. Revisiting AEA’s Proposed Amendments to the Act
   Author:  Tom Gould, LL.B.
   Digest: A discussion of some proposed changes to the Expropriation Act.
9. Transportation & Utility Corridors – History, Program & Fees
   Author:  Brian DeJong
   Digest:  A discussion of the purpose of TUC’s and some of the history in Alberta’s major centres.

2002:

1. Expropriation of Security Interests
   Author:  J. Bruce Melville, LL.B.
   Digest:  The author, an expropriation lawyer practising in British Columbia, provides a careful review of how various security interests are dealt with in “modern” expropriation statutes across Canada.
2. Municipal Law and Expropriation
   Author:  Brian O’Ferrall, Q.C.
   Digest:  A discussion of the powers conferred under the Municipal Government Act and the application of those powers in a variety of situations including roads and access, annexation, non-conforming buildings and injurious affection where no land is taken.
3. Does Accretion Extend Ownership of Land Beyond Original Boundaries Referred to in Certificates of Title?
   Author:  Sheila C. McNaughtan, LL.B.
   Digest:  This is a discussion of the principles enunciated in Johnson v. Alberta, a case involving land accretion and property boundaries.
4. The Case for Annual Pipeline Compensation
   Author:  Robert A. Berrien, B.Sc., P.Ag. A.R.A.
   Digest:  The author examines the case for annual pipeline compensation looking at policy statements by municipalities and the EUB, some cases and an examination of the actual impact on farmers.
5. Loss of Access
   Author:  J. Bruce Melville, LL.B.
   Digest:  A discussion of various ways in which access to property is lost and available remedies to landowners.  Also a digest of various cases across Canada.
6. Compensation for Real Property Rights – Public v. Private
   Author:  John F. Wasmuth, AACI, CAC, P.Ag., B.Sc.(Agr.)
   Digest:  The author takes us through a comparison of compensation principles in the Expropriation Act and Surface Rights Act and provides some recommendations for consistency.
7. Valuation of Ecological Gifts
   Author:  Dallas E. Maynard, AACI
   Digest:  A discussion of the valuation process for conservation easements and other eco gifts.

2001:

1. Expropriation and Environmental Considerations
   Surprises and Hidden Costs
   Author: H. W. Thiessen, P.Ag., B.Sc. Agric., M. Agric.
   Digest: The author, a former Assistant Deputy Minister of the Department of Environment examines the roles of different expropriation professionals utilizing five case studies that are roughly based on actual case histories. A review of past mistakes provides insights for future actions.
2. Tree Appraisals and Values
   Author: Verna Mumby, Certified Arborist.
   Digest: A discussion of five primary and five secondary formulae for tree valuation and the applicability of each.
3. Civil Penalties Under the Income Tax Act in the Context of Appraisal & Valuation Engagements
   Author: Brad Severin CA CFP TEP (Slamko Visser Severin & Associates LLP)
   Digest: The author, a tax accountant, analyzes the new third party civil penalty provisions of the Income Tax Act as they might be applied to appraisers.
4. Tax - A Compensation Issue
   Author: Donald P. Mallon LL.B.(Prowse Chowne LLP)
   Digest: The author examines the theory behind tax gross-ups, discusses the tax impacts of expropriations and provides examples that suggest the need to think of tax as another monetary head of damage consequential to expropriation.
5. Components of Fixed Costs
   Author: Stan Lore P. Ag., C.A.C. (AFC Agra Services Ltd.)
   Digest: An overview of fixed costs and a review of the grey areas between what are traditionally thought of as fixed and variable costs.
6. Home for Home
   Author: Marilyn McAvoy, LLB (Alberta Land Compensation Board)
   Digest: Personal commentary from this member of the Land Compensation Board in respect of several cases involving s. 47 of the Expropriation Act.

2000:

1. Expropriation Costs in Alberta
   Author: Donald P. Mallon, B.Sc. LL.B. (Prowse & Chowne)
   Digest: A review of all costs cases in Alberta between 1974 and 2000 with commentary. (59 pages)
2. Telecom Wars: The Siege of Municipal Rights-of-Way
   Author: Brand Inlow, Q.C. (City of Calgary Law Dept.)
   Digest: A discussion of the complicated issues arising with telemedia's increasing use of municipal rights-of-way. (7 pages)
3. De Facto Expropriation: When does Regulation of Land Use amount to a "Taking"?
   Author: Gavin S. Fitch (Rooney Prentice)
   Digest: A review and analysis of the principles of de facto expropriation focusing on Mariner Real Estate Ltd. v. Nova Scotia (A.G.) (1999). (9 pages)
4. Overview - Alberta Association of the Appraisal Institute of Canada
   Author: Brad Wagar (National Governing Council, Appraisal Institute of Canada)
   Digest: The author provides an overview of the history and organization of the Appraisal Institute of Canada and discusses initiatives for provincial licensing. (7 pages)

1999:

1. Expert Witness Preparation Guideline
Author: Brian O'Ferrall, LL.B. (Bennett Jones)
Digest: A brief guide of principles of preparation for evidence in chief and cross-examination. (3 pages)

2. Home for a Home
Author: Brian S. Gettel, B. Comm., AACI (Gettel Appraisals Ltd.)
Digest: A discussion of s. 47 (home for home) principles with references to the leading cases. (7 pages)

3. Agricultural Dispositions under the Alberta Public Lands Act
Author: Barry E. Wood, S.R./W.A. (Alberta Transportation & Utilities)
Digest: A review of a number of topics associated with public lands in Alberta, including classification, administration, valuation and some amendments to the Public Lands Act.
(17 pages)

4. Stierle v. Alberta Transportation & Utilities - A Review
Author: Bruce Simpson, AACI, P. Ag. (Serecon Valuation & Agricultural Consulting Inc.)
Digest: A review of the principles arising out of the recent case of Stierle v. Alberta Transportation & Utilities. (5 pages)

5. Fiduciary Duties in the Expropriation Context: The Kinder, Gentler Way to Throw People Out in the Streets
Author: Thomas A. Gould, LL.B.
Digest: The author considers principles of a fiduciary relationship and discusses the application of fiduciary responsibilities of expropriating authorities to landowners.
(21 pages)

1998:

1. Alberta's Expropriation Act: If It Ain't Broke … Just Tinker
Authors: Thomas A. Gould, LL.B., and a joint committee of City of Edmonton, Alberta Transportation and Utilities, City of Calgary and Tom Marriott
Digest: This is actually a three-part compilation of Mr. Gould's 1997 paper, a response by the joint committee to his suggestions and his reply. (182 pages total)

2. Case Update
Author: Thomas Marriott, LL.B. (Brownlee Fryett)
Digest: A review of the following cases:
123205 Holdings et al v. M.D. of Foothills, L.C.B. Order No. 377
Santangelo v. Board of Directors of St. Mary River Irrigation District,
L.C.B. File 10854.0, L.C.B. Order 378
Wagner Edmund Saende v. Town of Coalhurst and Minister of Transportation,
L.C.B. Order No. 379
Mount Lawn Industries Ltd. et al v. City of Edmonton, L.C.B. Order No. 380
Pitt v. Red Deer [1997] A.J. No. 1145
Red Deer v. Pitt [1998] A.J. No. 965
Malmberg v. Cardston No. 6 [1997] A.J. No. 1024

3. Overview of Surface Transportation Noise
Author: James Der
Digest: The author discusses the findings of and methodology utilized in the "Alberta Surface Transportation Noise and Attenuation Study" together with the existing legislation, regulation and government policies. (9 pages)

4. Proposed Amendments to the Alberta Expropriation Act
Author: Gavin Fitch (Rooney Prentice)
Digest: This summary of the resolutions on this subject made by those attendees of the 1998 Alberta Conference was presented to the Ontario Expropriation Association.
(6 pages)

5. Proximity Damages
Authors: Jim Prentice and Gavin Fitch (Rooney Prentice)
Digest: A discussion of the kinds of damages related with proximity to public works and the measurement of those damages.

1997:

1. The Impact of "Risk Assessment/Risk Management" in Valuing Contaminated Lands
Author: Daniel St. Gelais, M. Sc., P. Eng. (Alberta Environmental Protection)
Digest: A number of outlines and tables regarding this discussion. (32 pages)

2. Valuing Contaminated Land: The Legal Framework
Author: Donna C. Read, LL.B. (Emery Jamieson)
Digest: Consideration of a number of rights of action arising out of contamination situations and a review of some of the more recent cases. (11 pages)

3. Appraising Environmentally Contaminated Properties
Author: Brian S. Gettel, B.Comm., AACI (Gettel Appraisals Ltd.)
Digest: A review of appraisal considerations in respect of properties that are contaminated but nevertheless where a potential market remains evident. (7 pages)

4. Case Update
Author: Gavin Fitch, LL.B. (Rooney Prentice)
Digest: A review of Ferguson v. Ranger Oil Ltd. (1997), 61 L.C.R. 95; Geleta v. Alberta (Minister of Transportation and Utilities) (1996), 60 L.C.R. 105; and Stierle v. The Queen, L.C.B. Order No. 374.

5. Review of the Dell Holdings and Hill Cases
Author: Lynda C.E. Tanaka, LL.B. (Weir & Foulds)
Digest: The author was counsel for Dell Holdings and reviews the principles discussed by the Supreme Court of Canada. (38 pages)

6. Alberta's Expropriation Act: If It Ain't Broke … Just Tinker
Author: Thomas A. Gould, LL.B.
Digest: The author reviews our provincial act on a section by section basis and makes suggestions for improvements. (100 pages)

1996:

1. Alternative Dispute Resolution for Expropriation
Author: David G. Gould, Q.C. (Canadian Dispute Resolution Corporation)
Digest: The author reviews positional vs. interest-based negotiations in a summary format. (14 pages)


2. Alberta Expropriation Law Update
Author: Thomas A. Gould, LL.B.
Digest: A review of the following cases:
Costello v. City of Calgary (1995), 55 L.C.R. 161
Re Lafarge Construction Materials and City of Calgary (1995), 57 L.C.R. 9
Geleta v. The Queen in right of Alberta (1995), 57 L.C.R. 308
Ferguson v. Ranger Oil Ltd. (1995), 56 L.C.R. 1 and 57 L.C.R. 1
Malmberg v. Municipal District of Cardston No. 6 (1995), 57 L.C.R. 86

3. Section 30 Agreements Pursuant to the Expropriation Act
Authors: Adel A. Abougoush, Q.C. and L. Brad Stevens
Digest: An examination of s. 30 agreements with specific reference to the issue of limitation periods, focusing in particular on the case of Lafarge Construction Materials v. City of Calgary. (12 pages)

4. Valuation of Contaminated Properties
Author: Robert A. Berrien, P.Ag., A.R.A.
Digest: A discussion of the factors and various methods of appraisal of properties with contamination thereon, including some tables of case studies. (14 pages)

1995:

1. Putting a Value on Woody Plants
Author: Brenda Casement (Agroforestry Leader, Crop Diversification Centre North, Alberta Agriculture
Digest: The author in this short paper discusses some of the principles of valuation and a number of considerations that both add and detract to the value of trees. (5 pages)

2. Determining Replacement Value of Trees and Shrubs in Alberta
Author: George Grainger (Alberta Tree Nursery and Horticultural Centre)
Digest: This is an Alberta Agriculture guideline for valuation of trees, shelterbelts and native windbreaks using alternative formulas. (29 pages)

3. State Action and the Right to Compensation
Author: Fred Laux (Faculty of Law, University of Alberta)
Digest: The author discusses principles in the common law and statutes for compensation in cases where landowners are affected by the exercise of government power short of conventional expropriation. (8 pages)

4. An Overview of Assessment and Taxation under the New Municipal Government Act
Author: Leo J. Burgess, Q.C. (Brownlee Fryett)
Digest: The author reviews property assessment and taxation, both under the old legislation and the provisions of the new Municipal Government Act. (16 pages)

5. An Overview of the new Alberta Planning Legislation
Author: Leo J. Burgess, Q.C. (Brownlee Fryett)
Digest: Discussion of the changes instituted by the revised Municipal Government Act. (34 pages)

6. Expropriation and Surface Rights "Takings" on Indian Lands
Author: Dennis B. Roth (Ackroyd Piasta Roth & Day)
Digest: The author discusses the legal and political issues arising with "takings" on Indian lands. (24 pages)

7. Trespass: Whether Compensable under the Expropriation Act
Compensation Where No Land is Taken: An update
Author: John A. Coates, Q.C.
Digest: These two subjects are discussed in this single paper. (15 pages)

8. Natural Resources Conservation Board
Authors: Denise Perret and Martin Chamberlain
Digest: The authors discuss four interrelated topics, namely:
(1) The uncertainty about the scope of the Board's powers;
(2) The control of the Board over local planning processes;
(3) The uncertainty created by the Board's Decision Reports; and
(4) Board jurisprudence.
(20 pages)

9. Case Comments
Author: Thomas D. Marriott (Brownlee Fryett)
Digest: Discussion of the following cases:
Newton (Elreg Holdings Ltd.) v. Town of Penhold, L.C.B. Order No. 358
Canadian Moran Limited v. Minister of Public Works, L.C.B. Order No. 362
Bower v. Minister of Transportation & Utilities, L.C.B. Order No. 365
Malmberg v. Municipal District of Cardston No. 6, L.C.B. Order No. 372
(14 pages)

1994:

1. A New Planning Act - Changes and Consequences
Author: Susan Kay Barry
Digest: The author examines some proposed changes in the new planning regime.
(10 pages)

2. The New Municipal Government Act
Author: Barry R. Sjolie, LL.B. (Brownlee Fryett)
Digest: A summary of the changes to the Municipal Government Act (10 pages)

3. Expropriation Under the New Municipal Government Act
Author: Barry R. Sjolie, LL.B. (Brownlee Fryett)
Digest: A comparative analysis of the old and new acts focusing on changes to procedure. (7 pages)

4. Valuation of Conservancy Interests
Author: Donald P. Mallon, B.Sc., LL.B (Prowse & Chowne)
Digest: A hypothetical analysis using current statutory and common law principles of compensation in order to value a conservancy easement. (3 pages)

5. Legal Mechanisms for Private Land Conservancy in Alberta: A Call for Law Reform
Author: Arlene J. Kwasniak, LL.B (Environmental Law Centre)
Digest: The author reviews the then current state of the law in Alberta comparing it to other jurisdictions and the historical elements of easements. She concludes by suggesting Alberta's laws in this regard need updating. (21 pages)

6. Conservation Easements v. Surface and Mineral Rights
Author: Brian O'Ferrall, LL.B (Bennett Jones Verchere)
Digest: A discussion of the priorities between various pieces of "taking" legislation and conservation easements. (14 pages)

7. Assessment in Alberta
Author: W.D. Jesse, A.M.A.A. (City Assessor, City of Edmonton)
Digest: Powerpoint summaries of this discussion. (30 pages)

1993:

1. Expropriation: A Tax Perspective
Author: Garnet T. Matsuba, B. Com., LL.B (Prowse & Chowne)
Digest: The author reviews principles of taxation and several cases before the Tax Court of Canada and the Federal Court dealing with the treatment of the proceeds of expropriation. (14 pages)

2. Economic Concepts Underlying Compensation for Fixed Costs in Partial Takings
Author: Professor Leonard Bauer (Dept. of Rural Economy, University of Alberta)
Digest: The author examines the economic principles associated with compensation for fixed costs. (4 pages)

3. Environmental Protection and Enhancement Act: Environmental Impact Assessments
Author: Brian O'Ferrall, LL.B (Bennett Jones Verchere)
Digest: A discussion of the criteria for and the process involving environmental impact assessments. (13 pages)

4. Fixed Costs - Separating Myth from Reality
Author: Ronald C. Swist, Barrister and Solicitor
Digest: The author discusses when a landowner is and is not entitled to fixed costs.
(3 pages)

5. Compensation for Fixed Costs in Partial Takings
Author: John F. Wasmuth, AACI, P.Ag., CAC (Galigan MacAllister)
Digest: Mr. Wasmuth looks at this subject from an appraiser's perspective and goes through examples. (8 pages)

1992:

1. Land Use Regulation and the Right to Compensation
Author: Professor F.A. Laux (Faculty of Law, University of Alberta)
Digest: Professor Laux discusses the question of when, through state regulation of land use, via the Planning Act or other legislation, does the process become so confiscatory as to give rise to a right of compensation or some other form of relief on the part of the landowner. He reviews a number of hypothetical scenarios and applies case law in respect of the same.

2. Environmental Consideration for Appraising Urban and Rural Real Estate
Authors: Brian S. Gettel, B.Comm., AACI (Gettel & Dezman Appraisal Consultants Ltd.)
and Bruce Simpson, AACI, P. Ag. (Serecon Valuation & Agricultural Consulting Inc.)
Digest: Through the use of case studies, these authors discuss the difficulties and issues arising in respect of the appraisal of contaminated properties.

3. Assessing Injurious Affection for Urban and Rural Real Estate
Authors: Brian S. Gettel, B.Comm., AACI (Gettel & Dezman Appraisal Consultants Ltd.)
and Bruce Simpson, AACI, P. Ag. (Serecon Valuation & Agricultural Consulting Inc.)
Digest: Through the use of case studies, these authors examine the principles and practical application of injurious affection under the Alberta Expropriation Act.

1991:

1. Partial Takings Agricultural Properties
Author: Don Hoover (Serecon Valuation & Agricultural Consulting Inc.)
Digest: Point form review of the elements to consider in respect of partial takings.
(18 pages)

2. Land Compensation Board Costs Under the Expropriation Act of Alberta
A Case Synopsis with Comments
Author: Justice John D. Rooke (Alberta Court of Queen's Bench)
Digest: A review of all costs cases in Alberta between 1974 and 1991 with commentary (42 pages)

1990:

1. "The Appraiser as an Expert Witness" A View from the Board
   Author: Michael R. Grover, AACI
   Digest: A point form review of the elements of effective testimony. (3 pages)
2. Business Valuation & Expropriation Litigation Support
   Author: Robert Low (Campbell Valuation Partners Limited)
   Digest: A practical examination of the principles of business loss valuation starting with retaining the consultant to quantification techniques and considerations. (30 pages)
3. Bill 52 - Natural Resources Conservation Board Act - An Overview
   Author: John D. Rooke, Q.C. (Burnet, Duckworth & Palmer)
   Digest: The author provided an overview and introduction to new legislation, the Natural Resources Conservation Board Act and some of the concepts and criticisms that were being considered by the Environmental Review Panel before the Bill returned to legislature for passage. (22 pages)

1989:

1. Business Valuations
   Author: Yusuf A. Karbani, B.A., M.B.A., C.A., C.B.V. (Gardiner Karbani Audy & Partners)
   Digest: This author reviews business valuations covering the following areas:
   (1) compensability; (2) chronology of events and physical occurrences;
   (3) techniques for quantifying business loss; and (4) compensation for goodwill.
   (11 pages)
2. Environmental Liability in Real Estate Transactions
   Author: Andrew R. Hudson, LL.B (Emery Jamieson)
   Digest: An overview of sources of environmental and liability and an annotated checklist of factors to be considered by a vendor in planning and negotiating an environmentally sensitive sale of real estate.
   (33 pages)
3. Highest and Best Use
   Author: Lincoln W. North, AACI, MAI, SREA, EA, P.Eng., HMAIV, HMNZIV
   Digest: The author wrote this paper for the Appraisal Institute of Canada. It was at the time the definitive word on the subject.
   (14 pages)
4. Surface Rights - The Conflicting Cases of Cabre v. Arndt and others
   Author: J. Darryl Carter, LL.B
   Digest: The author examines a number of conflicting decisions in the area of surface rights and reviews various compensation theories.
   (46 pages)
5. A Short History of Surface Rights
   Author: Ronald C. Swist, LL.B
   Digest: This paper examines several of the same issues as the previous one, but from the operator's perspective.
   (11 pages)
6. Compensation Where No Land Is Taken
   Author: Stephen F. Waque
   Digest: The co-author of New Law of Expropriation review the options in Alberta to a landowner who suffers injury consequent on a public work but absent actual land taking. He examines both common law and statutory remedies and deals with some specific situations, including truck traffic, loss of access, vibration noise, etc., surface and underground water, and loss of prospect.
   (31 pages)

1988:

1. The Role of an Appraiser in Expropriation Hearings
   Author: Edward Shaske, AACI
   Digest: Mr. Shaske provides a frank discussion of the appraiser's role and makes recommendations both to experts and legal counsel in respect of that role.
   (13 pages)
2. Expropriation Act - Background and Policy Considerations
   Author: Clifford S. Watt
   Digest: A review of the principles of the revised Expropriation Act in British Columbia
   (7 pages)
3. Compensation for Partial Taking - Expropriation Act v. Surface Rights Act - A World of Difference
   Author: Francis C.R. Price (Reynolds, Mirth, Richards & Farmer)
   Digest: The author notes a disparity in compensation awarded under the two Acts with compensation under the Expropriation Act usually being substantially less than that awarded under the Surface Rights Act. He makes several recommendations for changes. (33 pages)
4. Trees and Their Valuation
   Author: George D. Grainger
   Digest: A discussion of the functional value of trees.
   (5 pages)
5. Restricted Development Areas - The First Decade: An Historical Perspective Author: H.W. Thiessen (Local Authorities Board)
   Digest: An in-depth review of the history of R.D.A.'s in Alberta by the former Assistant Deputy Minister of the Department of Environment.
   (51 pages)
6. Taxation of Costs
   Author: Kenneth J. Boyd, LL.B (Chairman of the Alberta Land Compensation Board)
   Digest: A review of the principles of taxation for landowners, their experts and solicitors by the former Chair of the Land Compensation Board.
   (25 pages)
7. The Role of the Planner
   Author: Alastair Hay, M.A., FRICS
   Digest: Practical discussion of the areas of input for planning expertise.
   (5 pages)
8. The Rule Against Double Recovery and Developments in the Rule in Horn v. Sunderland
   Author: John A. Coates, Q.C.
   Digest: An analysis of the principles of compensation where the highest and best use is different from the actual use.
   (14 pages).