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Hi Evelyn,

Please see my explanation of this under "The Proposed Addition to Reserve (ATR)" on my summary page (http://areaf.rdos.bc.ca/cms/KVR).  Briefly, the issue here is not whether the PIB was paid fair market value or any other amount for the KVR lands.  The issue is the limited nature of the contract between the CPR and the Penticton Indian Band.  The 1985 court decision was that the KVR land had to be returned to IR#1. In the May 14, 1986 appeal of this decision, Judge Carrothers explained:

It is clear from this that the Crown gave a qualified consent for a limited conveyance to the taking by the railway of the parcel in question. That qualification took the form of a limited conveyance, that is, a conveyance for railway right-of-way purposes [...] In short, I agree with the conclusions of the trial judge and for his reasons, together with what I have said, I would dismiss this appeal.

I post this information not to argue, but simply to help residents of Area F understand why, as Mr. Day made clear, this transfer of KVR/CPR land to the PIB is a legal, not a political issue.

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