112.14When determining the amount of compensation to be paid to the owner, the Board shall take into account the following:
(a)
any amount offered by the applicant to the owner before the applicant submitted the application;
(b)
any interest under the Marital Property Act with respect to the private land sought to be acquired;
(c)
any right, title, interest, mortgage, judgment or lien on the private land sought to be acquired;
(d)
the amount of the tax and interest that will be due and payable under the Real Property Tax Act if the private land ceases to be registered under the farm land identification program established under that Act as a result of the issuance of a vesting order;
(e)
the owner’s reasonable costs of finding land to replace the private land vested in the applicant and, if the owner’s residence is located on the private land, the reasonable costs of finding another residence and an allowance to compensate for the inconvenience of finding another residence;
(f)
reasonable relocation costs, including moving, legal and survey costs and other non-recoverable expenditures incurred in acquiring other land;
(g)
if the owner carried on a business on the private land at the date of the hearing,
(i)
damages for business loss resulting from the relocation of the business made necessary by the vesting order, or
(ii)
when the Board is of the opinion that it is not feasible for the owner to relocate the owner’s business, an additional amount not exceeding the value of the goodwill of the business;
(h)
an allowance for improvements, the value of which is not reflected in the market value of the private land;
(i)
if only a portion of the private land vests to the applicant, damages for any adverse effect to the remaining portion of the private land that did not vest to the applicant; and
(j)
any other factors the Board considers relevant.
112.14When determining the amount of compensation to be paid to the owner, the Mining Commissioner shall take into account the following:
(a)
any amount offered by the applicant to the owner before the applicant submitted the application;
(b)
any interest under the Marital Property Act with respect to the private land sought to be acquired;
(c)
any right, title, interest, mortgage, judgment or lien on the private land sought to be acquired;
(d)
the amount of the tax and interest that will be due and payable under the Real Property Tax Act if the private land ceases to be registered under the farm land identification program established under that Act as a result of the issuance of a vesting order;
(e)
the owner’s reasonable costs of finding land to replace the private land vested in the applicant and, if the owner’s residence is located on the private land, the reasonable costs of finding another residence and an allowance to compensate for the inconvenience of finding another residence;
(f)
reasonable relocation costs, including moving, legal and survey costs and other non-recoverable expenditures incurred in acquiring other land;
(g)
if the owner carried on a business on the private land at the date of the hearing,
(i)
damages for business loss resulting from the relocation of the business made necessary by the vesting order, or
(ii)
when the Mining Commissioner is of the opinion that it is not feasible for the owner to relocate the owner’s business, an additional amount not exceeding the value of the goodwill of the business;
(h)
an allowance for improvements, the value of which is not reflected in the market value of the private land;
(i)
if only a portion of the private land vests to the applicant, damages for any adverse effect to the remaining portion of the private land that did not vest to the applicant; and
(j)
any other factors the Mining Commissioner considers relevant.