117. Where the transfer of the expropriated right is effected more than six months after the date of expropriation, the Tribunal adds to the expropriated party’s indemnity an indemnity to compensate for loss of appreciation of the expropriated right.
That indemnity is calculated by applying to the market value of the expropriated right a percentage equal to the legal rate for the period that begins on the first day of the seventh month after the date of expropriation until the date on which the transfer is effected.
Despite the first paragraph, that indemnity must not be added to the expropriated party’s indemnity if the latter renounces it and receives the part of the equivalence indemnity provided for in the second or, as applicable, in the third paragraph of section 93.
2023, c. 272023, c. 27, s. 117.