C-47.1 - Municipal Powers Act

Section 74 Disposition versions

2023-12-29

74. A real right that could be asserted in respect of land that is the subject of a description referred to in section 73 is extinguished as of the first publication of the notice provided for in that section.

The holder of a real right extinguished under the first paragraph may, however, claim an indemnity from the municipality as compensation for the loss of the right. Failing an agreement, the amount of the indemnity is determined by the Administrative Tribunal of Québec on the application of the person claiming the indemnity or the municipality, and sections 7 and 11, the third paragraph of section 12, and sections 75 to 121 and 128 to 132 of the Act respecting expropriation (chapter E-25) apply, with the necessary modifications.

The right to the indemnity under the second paragraph is prescribed three years after the second publication of the notice in accordance with section 73.

2005, c. 6, s. 74; 2006, c. 60, s. 63; 2023, c. 27, s. 198.

2006-12-14

74. A real right that could be asserted in respect of land that is the subject of a description referred to in section 73 is extinguished as of the first publication of the notice provided for in that section.

The holder of a real right extinguished under the first paragraph may, however, claim an indemnity from the municipality as compensation for the loss of the right. Failing an agreement, the amount of the indemnity is determined by the Administrative Tribunal of Québec on the application of the person claiming the indemnity or the municipality, and sections 58 to 68 of the Expropriation Act (chapter E-24) apply, with the necessary modifications.

The right to the indemnity under the second paragraph is prescribed three years after the second publication of the notice in accordance with section 73.

2005, c. 6, s. 74; 2006, c. 60, s. 63.

2006-01-01

74. A real right that could be asserted in respect of land that is the subject of a description referred to in section 73 is extinguished as of the sending of the notice provided for in that section.

The holder of a real right extinguished under the first paragraph may, however, claim an indemnity from the municipality as compensation for the loss of the right. Failing an agreement, the amount of the indemnity is determined by the Administrative Tribunal of Québec on the application of the person claiming the indemnity or the municipality, and sections 58 to 68 of the Expropriation Act (chapter E-24) apply, with the necessary modifications.

The right to the indemnity under the second paragraph is prescribed three years after the notice is sent in accordance with section 73.

2005, c. 6, s. 74.