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E-25 - Act respecting expropriation
Section 107
Disposition versions
107. The Administrative Tribunal of Québec determines the amount of an expropriated party’s final indemnity by retaining the highest indemnity among the final indemnities established according to
(1) a use other than the use as at the date of expropriation, if that use is the highest and best use;
(2) the approach based on the re-establishment theory; or
(3) the compensation approach that grants the lesser of the indemnities among those provided for in subparagraphs 1 to 5 of the first paragraph of section 75.
For the purposes of the first paragraph, the Tribunal takes into account only the uses and approaches that are applicable and that have been proven by the parties.
In force: 2023-12-29
107. The Administrative Tribunal of Québec determines the amount of an expropriated party’s final indemnity by retaining the highest indemnity among the final indemnities established according to
(1) a use other than the use as at the date of expropriation, if that use is the highest and best use;
(2) the approach based on the re-establishment theory; or
(3) the compensation approach that grants the lesser of the indemnities among those provided for in subparagraphs 1 to 5 of the first paragraph of section 75.
For the purposes of the first paragraph, the Tribunal takes into account only the uses and approaches that are applicable and that have been proven by the parties.
