NSUARB rules Vissers deserve compensation despite Johannes death
Death does not extinguish the Crown's obligation to compensate an owner for injurious affection under the Expropriation Act.
© Heather Brimicombe â€“ The New
Charity Visser and her father John stand front of highway construction work going on outside their home. Despite John (Johannes) death during proceedings, the Board has ruled that compensation for his health will still be awarded and that death does not extinguish the Crown's obligation to compensate an owner for injurious affection under the Expropriation Act.
That's according to a ruling from the NSUARB in the matter the Vissers and their land at 7690 Highway 4 in Sutherlands River handed down two days ago.
The board previously determined that the family had endured injurious affection and would be awarded compensation after highway construction by the Vissers' property negatively affected their lands, house and health.
However, Johannes Vissers's death while the proceedings were ongoing complicated how the $5,000, and a further $2,000 for Johannes for health interferences would be given.
However, the board determined that death does not extinguish the Crown's obligation to pay compensation under the Expropriation Act to an owner for injurious affection when no lands were expropriated.
The Crown is to pay $7,000 for Mr. Visser's loss of use of enjoyment of his land for various interferences such as noise and lights ($5,000 similar to Mrs. Visser) and an additional $2,000 for health interferences.