HALIFAX: A local company received a multimillion dollar settlement last week.
In a decision offered on July 26, the Nova Scotia Utility and Review Board found S and D Smith Central Supplies Limited, owned by local businessman Steve Smith, is owed $8,180,497 in compensation for expropriated lands.
The UARB decision also states “the conduct of the expropriating authority, i.e., the province, caused delay in determining compensation and therefore warrants the rate of interest on the market value of the land and injurious affection (a total of $1,404,216) to be charged at 10 per cent per year from May 1, 2001, to the date of payment.”
S and D Smith Central Supplies Limited previously filed a claim against the Province of Nova Scotia for compensation under the Expropriation Act. The claim arose from the expropriation of 11.3 acres of land in Lower South River, Antigonish County for the purposes of twinning the Trans-Canada Highway. The hearing of the claim concluded with final written submissions on June 3, 2016, and the board reserved its decision.
Before the board issued decision, legal counsel for the Province of Nova Scotia applied to have the hearing re-opened to review new evidence. After a hearing on March 23, the board dismissed the application.
The company filed a notice of hearing and statement of claim with the UARB on March 12, 2015.
“It claimed compensation for: the market value of lands expropriated; business disturbance, injurious affection and loss of special economic advantage for its interests in both the expropriated and remaining lands; costs, expenses and losses `arising out of or incidental to [its] disturbance’, including fencing; legal, appraisal and other professional fees and disbursements; the costs of developing and operating a replacement property; an order for access to rear lands; and, prejudgment interest,” stated the decision. “In the course of the proceeding, [Central] withdrew its claim for compensation for loss of special economic advantage, stating that it claimed compensation for disturbance from economic obsolescence or external depreciation.”