Clubroot Right-of-Way and Leases, and Injurious Affection

SKU: 62045.03

This paper discusses compensation for rights-of-entry orders from the Surface Rights Board. It considers two recent and novel decisions relating to compensation for rights-of-entry from the Surface Rights Board, and explores how compensation for adverse effect and loss of use may be used to encourage better cleaning practices by operators. The paper also discusses injurious affection, in the context of recent case law, which makes it clear that it is the transmission line’s impact on the remaining land, and not on the financial position of the landowner, that is relevant.

This paper is part of a collection presented at LESA’s Rural Property Issues for Alberta Lawyers program in Red Deer on June 2, 2017.

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