October 19, 2012
From Hal Marsh:
Here is my report on the Meeting with Ben Lansink
on Transmission Lines Oct. 17, 2012.
Ben first spoke about his recent Case Study; “Wind Turbines Diminution in Value” [see link at top]
– Eric Gillespie a lawyer involved in several cases hired Lansink to do the study – Gillespie also hired 2 other appraisers to critique his work – it will be held up to criticism
– provided copies to CanWEA and Industrial Wind Turbine “IWT” companies who requested it
– getting a lot of attention in North America and further
– first one anywhere with specifics on the before and after values (actual sales) of properties next to Wind Turbines
– the sold properties (after Wind Turbines up) have listed ailments etc. registered on title that prevent the new owners from seeking remedies (compensation etc.) from IWT Co.
The remainder of the meeting was regarding Expropriation for transmission lines.
– only an authorized government body can expropriate – Municipality, Province can; Hydro One, etc. cannot
– IWT companies will come and try to purchase land or ask for easements to run transmission lines – offers always look attractive but are not the best (offer trips etc??)
– make a diary of every contact, call, and write down what was said when and make record of all offers etc.
– recommends resisting all offers and let the expropriation process take over – don’t let anyone on your land until after the expropriation – it is your right
– Expropriation Act Section 25 – gives expropriating authorities that right – but you must be made “Whole” – full land value and other loss of value i.e. “Diminution” plus costs
– Expropriation Act and its valuation on its own will not produce the most compensation – it will be lower – you must make a case for higher valuation
– Requires the expertise of a highly qualified appraiser – Ben Lansink – and Specialist Expropriation Lawyer (not your own lawyer) to make a case and raise the offer
– Case to increase compensation could take many years – seen as high as 9 years when it goes to court – try to settle early
– Ben Lansink and some Specialist Expropriation Lawyers will work on a contingency basis – you don’t pay till you win – Ben has always gotten more for any case he has taken
– Ben advises that you cannot sue for “Diminutive Value” but can for loss of quality of life/living conditions/health
– Ben reviewed one case – on Website – Expropriation offer was $3000 – final result after Ben and Expropriation Lawyer assisted was $130,000
– transmission lines running beside roadways not on your land can’t be controlled
– Ben spoke to a homeowner who had lines replaced beside the home near Kincardine for IWT caused “Dirty Electricity” – Couldn’t be fixed – home resold without access to grid
– people will buy homes with issues related to power lines turbines etc. (a smaller minority) but at a significant discount
There were 2 handouts – one a link to Lansink’s website for reference studies and publications, and a second, Points regarding Expropriation Compensation
Hal March, Director
Bluewater Shoreline Residents Association