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ARTICLE · 17 MARCH 2015

Agricultural Law NetLetter - Saturday, March 7, 2015 - Issue 319

Miller Thomson
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The Alberta Court of Queen's Bench has rejected the submissions of Alberta farmers and ranchers who claimed compensation under the Surface Rights Act.

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
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** HIGHLIGHTS ** *

  • The Alberta Court of Queen's Bench has rejected the submissions of Alberta farmers and ranchers who claimed compensation under the Surface Rights Act (Alberta) for an electrical transmission line based upon compensation paid by Altalink to cross Indian Reserve lands, and compensation paid for wind turbine towers and cell towers. The Surface Rights Act does not give a right of compensation for expropriation, but only compensation following expropriation for the damage which result from the taking. The compensation paid to cross Indian lands, and for cell towers or wind turbines, is based upon unfettered free market negotiations, and cannot be compared to factors on which compensation is based under the Surface Rights Act. (Sproule v. Altalink Management Ltd., CALN/2015-007, [2015] A.J. No. 255, Alberta Court of Queen's Bench)

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