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E-24 - Expropriation Act

Section 56
Disposition versions

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56. In case of resistance to the taking of possession, the expropriating party may, on an application, obtain from a judge of the Superior Court the right to take possession of the property under an order expulsing the expropriated party, lessee or any occupant from the premises.
Service of the application is required unless the judge gives an exemption from all service. The judge may allow the application to be contested according to the ordinary rules, and may require any proof he considers necessary.
The judgment is executory immediately and is without appeal.
1973, c. 38, s. 55; 1983, c. 21, s. 13; I.N. 2016-01-01 (NCCP).
56. In case of resistance to the taking of possession, the expropriating party may, on a motion, obtain from a judge of the Superior Court the right to take possession of the property under a writ ordering the expulsion of the expropriated party, lessee or any occupant from the premises.
Service of the motion is required unless the judge gives an exemption from all service. The judge may allow the motion to be contested according to the ordinary rules, and may require any proof he considers necessary.
The judgment is executory immediately and is without appeal.
1973, c. 38, s. 55; 1983, c. 21, s. 13.
56. From the date on which the expropriating party may take possession of the expropriated property or that on which he has registered the documents contemplated by section 53, if the expropriated party refuses to give him immediate possession, he may, on motion, obtain from a judge of the Superior Court the right to take immediate possession of the property expropriated.
The motion must be served in the manner prescribed by the judge, unless he dispenses from service, and it may be contested in accordance with the general rules. The judge may require any evidence he considers necessary.
The expropriated party may request that the amount deposited as provisional indemnity be distributed immediately in accordance with section 54, without prejudice to his right to claim a greater indemnity.
The expropriating party may in the same manner obtain possession against a lessee who, if entitled to an indemnity, may withdraw the amount offered, without prejudice to his right to claim a greater indemnity.
The judgment shall be immediately executory and without appeal.
1973, c. 38, s. 55.
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