The District of Lake Country says a local family was fully compensated in the expropriation of land for the rail trail recreational corridor between Kelowna and Vernon.
That’s in response to a lawsuit filed by Colin and Moira Day.
Two years ago, the Days bought a section of the abandoned rail bed that is adjacent to their property from CN Rail.
In May, the district expropriated most of it, paying $293,500 for the 1.1 acre parcel.
In October, the Days sued claiming the compensation is inadequate.
In its court filed Response to Civil Claim, the district denies that and further says: “the Former Rail Corridor will provide a positive amenity to the remainder lands. The presence of a similar active transportation trail has not injuriously affected or lowered the value of adjacent residential properties.”
The Lake Country mayor would rather the two parties settle their differences through negotiation instead of litigation.
“I suppose the issue for us is whether it’s more costly to defend (the lawsuit) than give whatever the additional ask is,” says James Baker.
Colin Day says he would also prefer an out-of-court settlement but says the matter is in the hands of the lawyers.
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