LOWER SOUTH RIVER: The property owners of what is now known as 5 South Harbour Lane in Lower South River are entitled to $70,469.80, plus applicable interest in compensation from the province, following a Nova Scotia Utility and Review Board decision.
On October 3, 2011, the province of Nova Scotia expropriated an easement over lands located on the east bank of the South River, which is downstream from and near a bridge on Highway 104 which spans the river.
The property is legally owned by Kevin Partridge and he has lived at the property with his common-law spouse Jane DeWolfe for over 30 years. Their claim related to the replacement of the old Highway 104 bridge and the construction and use of a temporary bridge.
Partridge operated a sole proprietorship from 2008 to 2012, with the assistance of DeWolfe, under the business name Roaming Restorations.
Partridge and DeWolfe claim the expropriation and associated construction of the temporary bridge caused major flood damage, the loss of their business, a reduction in the value of their remaining lands, and various personal damages and costs, including professional fees totaling $1,371,003.80.
From October 5, 2011 to January 12, 2014 the claimants say there were nine flood events which they documented, four of which flooded their house.
“During the evening of October 30, 2011, and into morning hours of October 31, 2011, a major flooding event occurred at the property,” Judge Richard J. Melanson said in the decision. “The claimants testified the flood waters infiltrated their home, carried away logs associated with their business that were on the property for preparation work, and damaged most of their work equipment.”
The province contested virtually every aspect of their claim, and after a lengthy hearing, involving 20 witnesses, and a large number of documents, photographs, and videos, the board assessed the evidence and determined the property owners were entitled to compensation of $70,469.80.
“The destruction of the claimants’ business was caused by flooding,” Melanson noted. “The board has determined the claimants have failed to prove, on a balance of probabilities, the province’s actions related to the construction of the temporary detour bridge caused this flooding. Therefore, there will be no award of damages for business losses.”
The breakdown of the compensation is as follows: $15,857.55 with respect to mitigation damages associated with an attempted business move; $6,000.00 as compensation for the value of the land expropriated; $11,657.25 for injurious affection relating to driveway drainage issues; $20,000.00 for injurious affection relating to loss of use and enjoyment of the property; and $16,950.00 for disturbance damages related to professional fees.