The Okanagan Rail Trail where it passes through an Oyama land owner who is suing Lake Country.

Lake Country responds to BC Supreme Court lawsuit over Okanagan Rail Trail

District says the value of lands adjacent to the rail trail will not be affected by development of the trail

The District of Lake Country says the construction of the Okanagan Rail Trail will provide a positive amenity and will not lower the value of adjacent residential properties such as the Day property in Oyama.

The statement was filed by Lake Country in B.C. Supreme Court in response to a civil lawsuit filed by Colin and Moira Day, whose Oyama property is dissected by the Okanagan Rail Trail.

The Days filed a lawsuit earlier this year after Lake Country expropriated a 1.7 acre stretch of the corridor that runs through their property, asking for market value for the land taken.

But in its filing in supreme court, Lake Country says an advance payment of $286,500 “fully compensates” the Days for the value of the expropriated land and any loss in value to the remainder of the property.

The Day family home sits on 10.33 acres of land with the rail corridor splitting the property in two. Above the corridor sits a nine acre orchard while below the trail sits a house facing Wood Lake on 1.32 acres.

In court documents filed by the Day’s the former Kelowna city councillor says the trail will destroy the privacy, ambience and integrity of the lands and has caused substantial loss in value on the remainder of the land.

In response, Lake Country says in addition to the $286,500 payment, another advance payment of $7,000 was made for mitigative measures to install a security fence and cedar privacy hedge, avoiding any loss in value on the remainder of the lands.

The stretch of the Okanagan Rail Trail that passes through the Day property became the subject of the lawsuit after the Days were able to negotiate a first right of refusal with CN Rail and purchased the corridor on their land in 2014.

However once the rail corridor was purchased by Lake Country, as part of an inter-jurisdictional team that included Kelowna and the North Okanagan Regional District, the Days went into negotiations with the communities to try and come to a settlement.

After negotiations broke down, Lake Country moved to expropriate the land in May of this year.

Both sides have now filed their responses to the court action with BC Supreme Court. A court date to hear the lawsuit has not been set.

Fundraising to develop the 48.5 kilometre long Okanagan Rail Trail is continuing. It’s expected to take $7.6 million to develop the trail with about 24 per cent of the total goal raised so far.

Just Posted

Three vehicle ‘sandwich’ crash delays traffic in Rutland

An accident at the McCurdy and Mayfair Road intersection was reported just before 4:30 p.m.

A BBQ thank you at Kelowna’s Gospel Mission

The ninth annual Well Done BBQ brought Kelowna together

Two West Kelowna residents were arrested for alleged drug trafficking

RCMP executed a search warrant at a Chieftain Road home

Two Kelowna sites rezoned for pot shops

Cannabis retailers closer to reality for Lawrence Avenue, St. Paul Street

Vernon senior feels trapped in long-term care facility

Rose-Marie Lepodvin says she wants assisted living, but feels trapped in long-term care

VIDEO: ‘Avengers: Endgame’ to be re-released with new footage

‘Avatar’ holds global box office record at $2.788 billion, while ‘Endgame’ stands at $2.743 billion…

B.C. teen killed by falling tree near Victoria

Second youth also injured in freak incident during field trip at Camp Barnard near Sooke

South Okanagan mountain resort sees lengthy snowfall

Snow stayed on the ground for four, says resort manager

Elias Pettersson wins Calder Trophy as NHL’s top rookie

Vancouver forward first Canuck to win award since Pavel Bure in 1992

FVRD chair calls B.C. incineration plan for Philippines waste ‘disturbing’

Metro Vancouver ‘uniquely capable’ of safely disposing of waste coming back to Canada, say officials

VIDEO: Acknowledging skeptics, finance minister vows to build Trans Mountain project

Bill Morneau said he recognizes ‘huge amount of anxiety’ in Calgary over future of oil and gas sector

Shovels could be in the ground on Trans Mountain by September, CEO says

Ian Anderson points to weeks likely required for NEB to reinstate 2016 regulatory record

Interior forestry workers ratify five-year contract

It was approved by United Steelworkers Local 1-417, which represents workers in Kamloops, Kelowna

Scorpion gives birth after hitching ride in B.C. woman’s luggage

A Vancouver woman inadvertently brought the animal home from a trip to Cuba

Most Read