Rainbow

Rainbow

Monday, June 21, 2010

Changing boundaries - B.C. company appeals administrative penalty of $132,897.40

The British Columbia Court of Appeal has granted leave to appeal a decision of the B.C. Supreme Court that upheld an administrative penalty of $132,897.40 against a logging company.  Originally, the Forest Appeals Commission imposed the penalty because it was alleged that Ronald Edward Hegel and 449970 B.C. Ltd. had harvested, or caused to be harvested, timber that was on Crown land and not on property owned by the Company. 

The property owned by the Company is bounded on the east by the North Thompson River. It is said on the Crown grant to contain 130 acres, more or less, particularly described on the map or plan annexed. The accompanying field notes describe the distances of the three non-river boundaries. The length of the west side of the property, north to south, was said by the field notes to be 50.22 chains, or 1010.26 metres.  Over time, posts have been lost, the river has moved somewhat westward, a railway and highway have been built, a pipeline has traversed the land, and hydro and telephone service lines have also been installed, passing over the property. Each of these amenities has been preceded by surveys, with the result that a plethora of survey information has accreted to the original survey and field notes.

On appeal to the Court of Appeal, Hegel and his company will challenge the location of the north boundary of their property as relied upon by the Commission in ordering the penalty. 

Read the decision at: Hegel v. British Columbia (Ministry of Forests).