E-25 - Act respecting expropriation

Section 11 Disposition versions

2023-12-29

11. Where, for the purpose of reducing the total cost of the expropriation and in lieu of indemnity, the expropriating party offers the expropriated party a right of ownership in an immovable it owns so that a structure is moved there or any right in an immovable it owns so that the expropriated party’s situation is restored, the expropriating party’s detailed declaration must also

(1)  give the description of the immovable;

(2)  indicate the right that is offered in the immovable;

(3)  indicate the area of the immovable and the market value of the right;

(4)  indicate, if the right is a dismemberment of the right of ownership,

(a)  the nature of the dismemberment,

(b)  the duration of the dismemberment; and

(c)  if applicable, the rights and conditions related to the exercise of the dismemberment; and

(5)  be accompanied by an extract from the cadastre of Québec showing the immovable if the right concerns a whole lot situated in a territory that has been the subject of a cadastral renewal or, in any other case, by a plan of the immovable signed by a land surveyor.

The payment of an indemnity required under this Act to the expropriated party may then be made, where the latter consents to it or the Tribunal orders it, by the transfer to the expropriated party of a right in an immovable owned by the expropriating party or by the establishment of a dismemberment of the right of ownership for the benefit of the remainder or that of another immovable belonging to the expropriated party. The value of the right corresponds to its market value.

For the purposes of the first paragraph, a right belonging to the expropriating party also includes any right for which the expropriating party is a beneficiary of a promise of sale or of a promise to establish a dismemberment of the right of ownership for the benefit of the remainder or that of another immovable belonging to the expropriated party, or for which the expropriating party has served a notice of expropriation under section 9. In all cases, the expropriating party must, before the hearing of an application concerning the transfer to the expropriated party of a right belonging to the expropriating party, file in the record of the Tribunal and notify to the other party an offer of sale or an offer to establish a dismemberment of the right of ownership and the certified statement of the subsisting hypothecs and prior claims against the expropriated immovable that must be carried over to the offered immovable.

Within the meaning of this Act, “remainder” means the residual part of an immovable where only a part of the immovable is the subject of the right that is to be expropriated.

2023, c. 27, s. 11.

Not in force

In force: 2023-12-29

11. Where, for the purpose of reducing the total cost of the expropriation and in lieu of indemnity, the expropriating party offers the expropriated party a right of ownership in an immovable it owns so that a structure is moved there or any right in an immovable it owns so that the expropriated party’s situation is restored, the expropriating party’s detailed declaration must also

(1)  give the description of the immovable;

(2)  indicate the right that is offered in the immovable;

(3)  indicate the area of the immovable and the market value of the right;

(4)  indicate, if the right is a dismemberment of the right of ownership,

(a)  the nature of the dismemberment,

(b)  the duration of the dismemberment; and

(c)  if applicable, the rights and conditions related to the exercise of the dismemberment; and

(5)  be accompanied by an extract from the cadastre of Québec showing the immovable if the right concerns a whole lot situated in a territory that has been the subject of a cadastral renewal or, in any other case, by a plan of the immovable signed by a land surveyor.

The payment of an indemnity required under this Act to the expropriated party may then be made, where the latter consents to it or the Tribunal orders it, by the transfer to the expropriated party of a right in an immovable owned by the expropriating party or by the establishment of a dismemberment of the right of ownership for the benefit of the remainder or that of another immovable belonging to the expropriated party. The value of the right corresponds to its market value.

For the purposes of the first paragraph, a right belonging to the expropriating party also includes any right for which the expropriating party is a beneficiary of a promise of sale or of a promise to establish a dismemberment of the right of ownership for the benefit of the remainder or that of another immovable belonging to the expropriated party, or for which the expropriating party has served a notice of expropriation under section 9. In all cases, the expropriating party must, before the hearing of an application concerning the transfer to the expropriated party of a right belonging to the expropriating party, file in the record of the Tribunal and notify to the other party an offer of sale or an offer to establish a dismemberment of the right of ownership and the certified statement of the subsisting hypothecs and prior claims against the expropriated immovable that must be carried over to the offered immovable.

Within the meaning of this Act, “remainder” means the residual part of an immovable where only a part of the immovable is the subject of the right that is to be expropriated.

2023, c. 27, s. 11.