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The Rural Voice, 1992-10, Page 18RIPLEY ELEVATORS a division of Thompson Feed & Supply Buyers of CORN SOYBEANS Elevator 519-395-5959 Mill 519-395-5955 Res. 519-395-5550 Manager Bob Thompson Ripley FARM TIRES Good selection of Duals Large stock of all brands of passenger, truck & farm tires 23° Ri 'On Farm Service' Two fully equipped service trucks Willits Tire Service Lucknow 519-528-2103 14 THE RURAL VOICE Agrilaw Expropriation — what am I entitled to? The Ontario Expropriation Act en- titles the owner of expropriated lands to be compensated not only for the market value of the land, but also for "disturbance" and "injurious affection" damages. What are these damages and how may they be recovered? "Disturbance" damages are relo- cation and disrup- tion costs incur- red by an owner resulting from an expropriation. Such costs may include not only an allowance to compensate for inconvenience and the cost of finding a replacement residence, but may also include an allowance for improvements not reflected in the market value of the land; moving costs; and legal, survey and other expenses incurred in acquiring replacement premises. Where the expropriation is only a partial taking of the owner's lands, the owner may recover costs related to the construc- tion activity on the expropriated lands. For example, the cleanup costs of an irrigation pond necessitated by construction of a hydro -electric transmission line have been held to be recoverable as "disturbance" damages. Damages for "injurious affection" are to compensate the owner for any reduction in market value for the re- maining lands which results from eith- er the expropriation itself, construc- tion on the expropriated lands, or the use to which the expropriated lands is then put by the expropriating authori- ty. In addition, such damages may in- clude compensation for health impacts and business loss from construction or use of the expropriated lands by the expropriating authority. Even a person whose land is not expropriated may be entitled to damages for "injur- ious affection" resulting from the con- struction activities of the expropriat- ing authority. Ontario courts have frequently been required to determine what losses are properly recoverable as "in- jurious affection". In a case resulting from the construction of a 140 foot hydro -electric transmission tower within 150 feet of a farmhouse, the landowner claimed damages for "injurious affection", including the reduction in the quiet enjoyment and aesthetic value to the remaining lands; the cost of re -locating the farmhouse elsewhere on the farm; and anxiety resulting from the proximity of the hydro -electric transmission line. The evidence relating to the owner's claim was summarized as follows: "The claimants testify that the tow- er is unsightly and can be readily seen from the bedroom and living room windows. They also claim that the sounds emanating from the towers are a nuisance because of the sparking and sizzling of the wires and illumination of the insu- lators, particularly in cold and damp weather. They state that there has been greater interference with television and radio reception which continued even after the pur- chase of a new television set. They have complained to the Department of Transport about the crackling of the radio and television interfer- ence in foggy and misty weather. They also express the concern and fear that the tower might fall on their house. In relation to this latter claim, they filed a newspaper clipping showing that there have been occasions when towers have fallen. There was also filed ... a response from the Ontario Hydro Director of Systems Maintenance, in answer to a query about the available statistical data of toppled hydro towers over the years. The Director states in his letter that, `failures were due to tornadoes, high winds, or severe ice and sleet conditions exceeding the loading criteria for which the towers were designed. Usually, under these conditions, there is extensive dam- age to the surrounding countryside, including any farm buildings in the path of the storm'. This statistical data indicates, although the top- pling over of hydro towers is not a yearly event, it is certainly not unusual and could be a cause for some concern." In the result, the Board determined