AIR 1915 PRIVY COUNCIL 174

Privy Council

(FROM BR. COLUMBIA)

Hon'ble Judge(s): Lord Chancellor (viscount Haldane), Lord Dunedin, Lord Atkinson , JJJ

(A) Land Acquisition-Interest on price of land acquired ordinarily runs from date of possession- Under Ss. 6 and 7 of the False Creek Reclamation Act (1911, of Br. Columbia)-It is from the date of award. In ordinary cases interest on the price of land acquired runs from the date of taking possession. But under Ss. 6 and 7 of the False Creek Reclamation Act (1911) of British Columbia, interest can run only from the date of award and not from date of notice as fixed by arbitrator.(Para 176) **(B) Land Acquisition-Valuation-Potential value which is too remote cannot be taken into account-Value of access to sea may be taken into account. The appellants were the owners of certain lands in city of Vancouver, which were bounded at the back by an arm of the sea called False Creek. These @page-PC175 lands were acquired under the False Creek Reclamation Act (Brit. Col. Stat. 1911, c. 56), and the arbitrator who was to fix the value, allowed a value over and above the value of the land taken, for the chance which the owner would have had of getting leave from the Crown to extent some opus manufactum, such as a pier head over the foreshore. Held,-While all opportunity of employment for certain purpose in rega....