E-16 - Real Estate Assessment Act

Section 102 Disposition versions

1977-12-31

102. From the fiscal year beginning in 1972 of each municipal corporation and school board in the territory of which immoveables no longer entered on the roll by reason of sections 12, 13 and 14, are situated at the beginning of such fiscal year, such immoveables, as long as they exist, shall be subject, except those of the systems contemplated in paragraphs f, g and h of section 13, for the fiscal year beginning in 1972, to real estate taxes respectively equal to those for the municipal or school fiscal year begun in 1971 and decreasing from the fiscal year beginning in 1973, at the rate of 62/3% annually.

As to the immoveables contemplated in section 12 and which, on 1 January 1972, were not entered on the roll, were entered thereon for a lower value than that for which they should have been entered thereon, or were otherwise exempt of all or part of real estate taxes by reason of an agreement between their owners and the municipal corporation or school board, as the case may be, they shall as long as they exist be subject to real estate taxes if the amount of real estate taxes imposed for the municipal or school fiscal year beginning in 1972 on the buildings and lands on which such immoveables not entered on the roll are situated is less than the amount paid under such agreement and in real estate taxes for the municipal or school fiscal year begun in 1971.

The amount exigible for such immoveables not entered on the roll for the municipal or school fiscal year of 1972, shall be equal to the amount by which the taxes imposed on the lands and buildings in 1972 is less than the amount paid in 1971 under the agreement and in real estate taxes. Such amount shall decrease annually by 62/3% from the municipal or school fiscal year beginning in 1973.

If the agreement contemplated in the second paragraph does not specify the amount of the compensation that was payable for the immoveables no longer entered on the roll under section 12, it shall be determined by agreement between the parties; failing an agreement before 15 August 1972, this compensation shall be determined by the Commission after a hearing on the written petition of any of the parties; a notice of the petition must be sent to the other party; the decision of the Commission shall be final. For the purposes of payment, such compensation shall be subject to the same conditions as the exigible amount contemplated in the third paragraph.

1971, c. 50, s. 105; 1972, c. 46, s. 25; 1973, c. 31, s. 52.