I think the idea that the new street layout has reduced access is ridiculous. Even if we’re only (for some reason) talking about motor vehicles, I doubt the street ever really had 4 lanes’ worth of traffic.
Complaining about construction impacts is more reasonable on its face, but it would make almost all construction effectively impossible if we got in the habit of allowing those claims. I believe the sewer needed to be replaced here anyway so the construction impact is shared between mandatory infrastructure renewal and updating the street layout.
It also seems weird to me (but, not a lawyer, and not read up on expropriation law, so this is a strictly lay perspective) to use a proceeding about expropriation compensation to deal with concerns about construction impacts and street layout changes. That implicitly says that if the road allowance had been just enough wider that Central Fresh hadn’t lost any land, they would have no case at all because there would have been no expropriation. Complaining about the expropriation compensation only makes sense if they think the compensation they received didn’t recognize the true value of the land they lost.
Complaining about construction impacts is more reasonable on its face, but it would make almost all construction effectively impossible if we got in the habit of allowing those claims. I believe the sewer needed to be replaced here anyway so the construction impact is shared between mandatory infrastructure renewal and updating the street layout.
It also seems weird to me (but, not a lawyer, and not read up on expropriation law, so this is a strictly lay perspective) to use a proceeding about expropriation compensation to deal with concerns about construction impacts and street layout changes. That implicitly says that if the road allowance had been just enough wider that Central Fresh hadn’t lost any land, they would have no case at all because there would have been no expropriation. Complaining about the expropriation compensation only makes sense if they think the compensation they received didn’t recognize the true value of the land they lost.