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The Rural Voice, 2002-11, Page 38CANADA SERVICE CENTRE INC. - 479 mad- ,+an'trect.1,odcrich • VI, J\11 - YOUR LOCAL SUPPLIER ISO 9002 REGISTERED FOR YOUR STEEL REQUIREMENTS Beams. Rounds. Hot & Cold Finished Rounds & Bars. Channel. Reinforcing Steel. Square Tubing. Angles, Flat Bar. Expanded Metal, Bar Grating. Matt's for Concrete Work. Primed Beams & Lintels. Stainless Steel and Aluminum Please Call: TOLL FREE: 1-888-871-7330 PHONE: (519) 524-8484 FAX: (519) 524-2749 compensation which reflects the appreciating ,value of the land rights appropriated and considers continuing negative impacts on soil productivity and required changes in farm practices with resulting financial Toss: opportunity costs with respect to both value-added agricultural activities and future development; and sociological impacts. including diminishment of quality of life. Expert evidence filed by these landowners in support of their application establishes current land values for surface facilities through reference to amounts paid by gas utilities for equivalent facilities discounted to provide an appropriate annual lease value. Other expert evidence addresses the continuing impacts associated with the construction and operation of these facilities including interference with systematic drainage. limitations imposed on crop selection, disruption of the scheduling of agricultural operations, altered cropping patterns and increased headlands. A sociological impact assessment undertaken by LCSA describes the fear, anxiety. uncertainty, anger, frustration and sense of powerlessness experienced by landowners resulting from the imposition of these facilities on them, their lack of choice, impacts on their Westario Power Service Inc. • Private Pole Line Construction • Street Light Design & Installation • Tree Trimming Services • Commercial, Residential & Farm r%f • Free Estimates MIIV • 24 HR. Emergency Westario Power Services Inc. 1-866-978- 2746 1-519-396-3485 ext. 232 www.westario.com Over 75 Years of Experience 34 THE RURAL VOICE agricultural operations and their ongoing concerns about these facilities. Additional expert evidence addresses limitations imposed by these facilities on more. intensive or value-added agricultural -related land uses (eg. greenhouses, larger livestock facilities, home-based industries and on-site agricultural processing) as well as other farm -related operations (eg. bed and breakfast establishments, farm markets, retail sales of produce, crafts, jams, etc.). Also considered in this evidence are restrictions imposed by these facilities on non-agricultural or non-farm uses permitted under area official plans and zoning by-laws including agricultural service and supply establishments, non- farm residential use and potential for recreational or institutional uses such as golf courses. In their request that these various factors be considered in awarding "just and equitable" compensation, LCSA landowners have provided to the OEB an analysis and valuation by an agricultural economist of these various impacts. LCSA landowners are requesting that the OEB require that the annual facilities payment under their gas storage leases reflect the current value of land rights, disturbance damages and production losses which include an assessment of crop losses attributable to the construction and operation of storage facilities; their higher operating costs around such facilities; and the opportunity costs and life quality impacts which result from these facilities. The position of LCSA landowners is that the current system of compensating gas storage landowners is seriously flawed and that a fresh approach to compensation is required. If successful, the results of this application may assist other gas storage landowners in addressing the inequities of current compensation.0 Agrilaw is a syndicated column produced by the full service London law firm of Cohen Highley LLP. Paul G. Vogel, a partner in the firm, practices in the area of commercial litigation and environmental law. Agrilaw is intended to provide information to farm operators on topics of interest and importance. The opinions expressed are not intended as legal advice. Before acting on any information contained in this column, readers should obtain legal advice with respect to their own particular circumstances and geographical area.