a) before the expiration of the period referred to in paragraph 6;
b) if Kitsumkalum has referred the matter to a neutral evaluator in accordance with
paragraph 6, before the neutral evaluator has delivered an opinion on the matter, such
opinion to be rendered within 60 days of the referral being made; or
c) within such additional time as Kitsumkalum and the Federal Expropriating Authority
may agree.
8.
Without limiting the generality of the Dispute Resolution Chapter, the opinion of the
neutral evaluator/facilitator under subparagraph 7(b):
a) is without prejudice to the legal positions that may be taken by a Federal
Expropriating Authority and Kitsumkalum in court or in any other forum;
b) will not be admissible in any legal proceedings, unless otherwise required by law;
and
c) is not binding on the Governor-in-Council under paragraphs 1 and 4.
9.
If a fee simple interest in a parcel of Kitsumkalum Lands is expropriated by a Federal
Expropriating Authority, the Federal Expropriating Authority will make reasonable
efforts to identify replacement land within the Kitsumkalum Area, being Crown land or
land available on a willing-seller willing-buyer basis of equivalent or greater size and
comparable value and, if acceptable to Kitsumkalum, to acquire and offer the
replacement land to Kitsumkalum as partial or full compensation for the expropriation. If
the Federal Expropriating Authority and Kitsumkalum are unable to agree on the
provision of replacement land as compensation, the Federal Expropriating Authority will
provide Kitsumkalum with other compensation in accordance with this Agreement.
10. Subject to paragraph 12, if the replacement land identified by the Federal Expropriating
Authority would result in the total size of Kitsumkalum Lands being less than at the
Effective Date and Kitsumkalum does not agree that the replacement land is of
comparable value to the interest in Kitsumkalum Lands being expropriated, Kitsumkalum
may refer the issue of whether the replacement land is of comparable value to the interest
in Kitsumkalum Lands being expropriated to be finally determined by arbitration under
the Dispute Resolution Chapter.
11. The total value of compensation for an interest in Kitsumkalum Lands expropriated by a
Federal Expropriating Authority pursuant to this Appendix will be based upon the
following factors:
a) the market value of the expropriated interest or of the Kitsumkalum Lands in
which an interest has been expropriated;
b) the replacement value of any improvement to the Kitsumkalum Lands in which an
interest has been expropriated;
c) any expenses or losses resulting from the disturbance directly attributable to the
expropriation;
d) any reduction in the value of any interest in Kitsumkalum Lands that is not
expropriated which directly relates to the expropriation;
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