Sued over Rail Trail

By Wayne Moore - CASTANET Oct 19, 2016 / 5:00 am

A former Kelowna city councillor is suing the District of Lake Country. Colin Day filed suit in BC Supreme Court last Friday. The suit was filed after the municipality served notice it was expropriating a portion of Day's property to make way for the Okanagan Rail Trail. The trail is part of what was once the CN Rail track, which stretches from downtown Kelowna north to Coldstream. The line runs through Day's property and that of a neighbour in Oyama. In the suit, Day says Lake Country expropriated a "20-metre wide section of the former rail corridor lying parallel to, and adjacent to, the east property boundary, extending the entire length of the former rail corridor – namely approximately 740 feet for the project." He further claims the loss in value, damages and disruption exceeds compensation in the amount of $286,500 and mitigative measures in the amount of $7,000. Day is seeking market value for the expropriated land, injurious and severance damages, disturbance damages plus costs, interest and penalty interest. An amount is not provided. Through an agreement with CN Rail, Day had first right of refusal to purchase the portion of the line that bisected his property once it ceased being rail line. Day exercised that option. He said the original corridor is just three feet from his house, on the side the bedroom is on.