Expropriation Claim: The Pallers sought compensation, claiming the Town expropriated their property by not renewing Miscellaneous Permit No. 810145.
Permit Non-Renewal: The Town argued that non-renewal does not entitle the Pallers to compensation.
Background:
The Pallers acquired property in 1978 under a permit which later became Permit No. 810145.
The permit was annually renewed without formal documentation after 1981, with the Pallers paying fees yearly.
In 2001, the permit was assigned to the Town of Drumheller.
The Town issued and later retracted an eviction notice in 2003.
In 2023, the Town notified the Pallers it would not renew the permit past December 31, 2023, for flood mitigation purposes.
Analysis and Decision:
Permit Status: The court found the permit was not a "disposition" under the Public Lands Act (2000), so cancellation provisions requiring compensation did not apply.
Cancellation vs. Non-Renewal: The court distinguished non-renewal from cancellation, noting non-renewal does not entitle the Pallers to compensation.
Constructive Taking: The court found no constructive taking as the Town did not gain a beneficial interest and the Pallers’ occupancy rights ended with the permit's non-renewal.
Conclusion:
The application was dismissed.
The Town acted lawfully in not renewing the permit without owing compensation.
Costs may be discussed within 30 days of the decision.
