E-25 - Act respecting expropriation

Section 102 Disposition versions

2023-12-29

102. The following, in particular, are not injuries directly caused by the expropriation:

(1)  damages sustained prior to the date of expropriation;

(2)  damages sustained as a result of the project of the expropriating party or, if applicable, of the party on whose behalf the expropriating party is carrying out the expropriation, in particular,

(a)  damages caused by the preparatory work,

(b)  damages caused by the construction work, including any damages caused by the presence of noise and dust or by blasting,

(c)  loss of profit or goodwill, including profit or goodwill that the project of the expropriating party or, if applicable, of the party on whose behalf the expropriating party is carrying out the expropriation could have provided to the divested party had the expropriation not taken place,

(d)  damages resulting from the additional distance travelled by a divested party due to road network obstacles caused by the project or the work related to it, and

(e)  damages caused by the presence of an infrastructure constructed on the expropriated immovable;

(3)  damages sustained at the time of the expropriation through the fault of the divested party or a third person or that result from superior force;

(4)  the part of the cost of improvements made to the remainder or to a substitute immovable or the part of the acquisition cost of such an immovable that exceeds that which is required to restore the divested party’s situation and that enriches that party while other solutions were possible;

(5)  damages caused to an immovable that does not belong to the expropriated party or that is not the subject of the rental or occupation disclosed by the expropriated party;

(6)  the payment of transfer duties provided for in the Act respecting duties on transfers of immovables (chapter D-15.1);

(7)  the payment of an indemnity claimed by a creditor of the expropriated party due to a payment made under this Act;

(8)  the payment of taxes on the amounts received by a divested party or on the rights transfered to the expropriated party under this Act;

(9)  the payment of the lawyers’ professional fees; and

(10)  the payment of the notaries’ professional fees, except those paid for the preparation of a deed of acquisition of an immovable, for its signature by the parties and for registration of the deed in the land register.

2023, c. 27, s. 102.

Not in force

In force: 2023-12-29

102. The following, in particular, are not injuries directly caused by the expropriation:

(1)  damages sustained prior to the date of expropriation;

(2)  damages sustained as a result of the project of the expropriating party or, if applicable, of the party on whose behalf the expropriating party is carrying out the expropriation, in particular,

(a)  damages caused by the preparatory work,

(b)  damages caused by the construction work, including any damages caused by the presence of noise and dust or by blasting,

(c)  loss of profit or goodwill, including profit or goodwill that the project of the expropriating party or, if applicable, of the party on whose behalf the expropriating party is carrying out the expropriation could have provided to the divested party had the expropriation not taken place,

(d)  damages resulting from the additional distance travelled by a divested party due to road network obstacles caused by the project or the work related to it, and

(e)  damages caused by the presence of an infrastructure constructed on the expropriated immovable;

(3)  damages sustained at the time of the expropriation through the fault of the divested party or a third person or that result from superior force;

(4)  the part of the cost of improvements made to the remainder or to a substitute immovable or the part of the acquisition cost of such an immovable that exceeds that which is required to restore the divested party’s situation and that enriches that party while other solutions were possible;

(5)  damages caused to an immovable that does not belong to the expropriated party or that is not the subject of the rental or occupation disclosed by the expropriated party;

(6)  the payment of transfer duties provided for in the Act respecting duties on transfers of immovables (chapter D-15.1);

(7)  the payment of an indemnity claimed by a creditor of the expropriated party due to a payment made under this Act;

(8)  the payment of taxes on the amounts received by a divested party or on the rights transfered to the expropriated party under this Act;

(9)  the payment of the lawyers’ professional fees; and

(10)  the payment of the notaries’ professional fees, except those paid for the preparation of a deed of acquisition of an immovable, for its signature by the parties and for registration of the deed in the land register.

2023, c. 27, s. 102.