What is the test for an owner to claim a greater value for their property than its market value?
Saskatchewan, Canada
The following excerpt is from Haskey v. Wadena, Town of, 1982 CanLII 2644 (SKDC):
It is now desirable to consider the statement by Abbott, J. In National Capital Commission v. Hobbs (1970), 1970 CanLII 164 (SCC), 10 D.L.R. (3d) 11, that an owner may be entitled, in addition to market value, to a greater value where the land (page 13) “has a special value to the owner beyond what it would have in similar use by somebody else”. Mrs. Justice Abbott continued and said: Where it is claimed that a property has a special value to the owner over and above its market value, the owner must adduce the facts necessary to prove this value, which must be such that it can be measured in terms of money. It is not sufficient for a claimant to say that he would pay a certain amount of money rather than be deprived of his property. There must be proof that the land had special advantages that gave it a special economic value for the expropriated party, and no value should be attributed for sentimental attachment.
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