[27] The Board quoted s. 14(3) in the Decision.[9] It provides:
(3) Where only part of the land of an owner is taken and such part is of a size, shape or nature for which there is no general demand or market, the market value and the injurious affection caused by the taking may be determined by determining the market value of the whole of the owner’s land and deducting therefrom the market value of the owner’s land after the taking.
[28] The respondent’s expert evidence and the Tribunal’s decision correctly applied this provision. The Tribunal determined the highest and best uses of the entire property, not just the expropriated portions, and determined the value, per acre, of the entire property. It then applied that valuation to the expropriated property.
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