A judge has issued a ruling on the compensation for the expropriation of private property to expand the right-of-way for the Baptiste Lake Dam.
The Regional District of East Kootenay (RDEK) was ordered to pay $353,720 to the developer for an initial payment plus fees for additional changes to the property.
In 2018, the B.C. government required the RDEK to upgrade the Baptiste Lake Dam and follow recommendations in the 2013 Dam Safety Review.
This required an expansion of the statutory right-of-way by an additional 1.86 acres from the 157-acre piece of private property.
“The Lake serves as the drinking water source for the community of Edgewater, and the Regional District of East Kootenay has overseen the operation and maintenance of the dam for many years through the Edgewater Water Service,” said the RDEK.
The RDEK says the land was for sale at the time, and they began discussing the property’s value with the developer.
“From the outset of the conversations in 2018, we have had civil and respectful dialogue but different perspectives, and were unable to find middle ground,” explained RDEK CAO Shawn Tomlin.
“Knowing the potential impact on the community financially, we sought out professional advice on fair market value. We hired a certified appraiser and, in the end, his estimated value differed vastly from the developer’s expectation. We were not able to find a resolution and moved ahead with the expropriation, recognizing that this legal process would likely be required to determine what was appropriate compensation.”
In 2018, the RDEK paid $13,720 for the expropriation based on the appraisal.
A trial took place in early April 2025, and the judge ruled that the developer’s appraisal more accurately estimated the fair market value of the expropriated land.
The judge also ruled that the negative impacts on the property’s value due to rip rap and other additional features altered the previous natural lake view features.
The RDEK was ordered to pay a further $340,000 to the developer.
“I appreciate the time and effort from all sides in following this process through. From day one, we have been cognizant of the financial impact on the community as it is a small service area, and it was important to us to ensure due process to determine a fair resolution,” said Tomlin.
“While some may associate a court matter with conflict, this case was civil and respectful. All parties remained professional throughout. The core issue was not a personal dispute but simply the need to arrive at a fair and appropriate number. This process has ensured that the matter was resolved impartially and definitively.”
Excluding costs associated with the statutory right-of-way, the RDEK says the project will cost them $862,486.
“The RDEK was successful in securing grant funding through the Clean Water and Waste Water Fund ($417,330) and Community Works Fund (approximately $200,000) and the dam upgrade was completed in 2019,” said the RDEK.
The Baptiste Lake Dam was originally constructed in 1925 and later upgraded with an outlet and spillway in 1974.
Operations and maintenance were handed over to the RDEK from the Edgewater Improvement District in 2005.
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