E-25 - Act respecting expropriation

Section 12 Disposition versions

2023-12-29

12. The expropriated party must, within 30 days after the date of expropriation, send the expropriating party the leases or any other written agreements entered into with the lessees of the expropriated immovable. In the absence of such agreements, the expropriated party must send the expropriating party, in writing, the names and addresses of the lessees and the occupants in good faith of the expropriated immovable as well as the nature and term of each lease or agreement, the date they were entered into, the details of what they include and the amount of the rent or the conditions on which the lessees or the occupants in good faith occupy the expropriated immovable.

An expropriated party who fails to send the information mentioned in the first paragraph relating to a lessee whose lease is not registered in the land register or to an occupant in good faith is alone liable for the injury resulting from such failure. The lessee or the occupant in good faith is entitled to damages resulting from that failure.

Lessees and occupants in good faith whose lease or any other written agreement was entered into after the date of expropriation or, in the absence of a lease or any other written agreement, whose rental or occupation of the expropriated immovable begins after the date of the expropriation may not claim any indemnity from the expropriating party. The expropriated party must disclose to those lessees and occupants in good faith the existence of expropriation procedures. The expropriated party who fails to do so is alone responsible for any injury resulting from that failure.

Within the meaning of this Act,

(1)  “date of expropriation” means the date of service of the notice of expropriation on the holder of a right in the expropriated immovable, which, if there is more than one right holder for the same right in the same immovable, corresponds to the date that is the latest among the dates of service of the notice of expropriation on them;

(2)  “occupant in good faith” means a natural or legal person, a general or limited partnership, an association or another group not endowed with juridical personality that

(a)  holds no right in the expropriated or reserved immovable,

(b)  is not a lessee of the expropriated or reserved immovable,

(c)  occupies the immovable after having entered into an agreement with the holder of the right in that immovable,

(d)  occupies the immovable personally and physically through concrete signs of its use, in particular by carrying on activities or leaving property there, and

(e)  occupies the immovable in a peaceful, continuous, public and unequivocal manner.

2023, c. 27, s. 12.

Not in force

In force: 2023-12-29

12. The expropriated party must, within 30 days after the date of expropriation, send the expropriating party the leases or any other written agreements entered into with the lessees of the expropriated immovable. In the absence of such agreements, the expropriated party must send the expropriating party, in writing, the names and addresses of the lessees and the occupants in good faith of the expropriated immovable as well as the nature and term of each lease or agreement, the date they were entered into, the details of what they include and the amount of the rent or the conditions on which the lessees or the occupants in good faith occupy the expropriated immovable.

An expropriated party who fails to send the information mentioned in the first paragraph relating to a lessee whose lease is not registered in the land register or to an occupant in good faith is alone liable for the injury resulting from such failure. The lessee or the occupant in good faith is entitled to damages resulting from that failure.

Lessees and occupants in good faith whose lease or any other written agreement was entered into after the date of expropriation or, in the absence of a lease or any other written agreement, whose rental or occupation of the expropriated immovable begins after the date of the expropriation may not claim any indemnity from the expropriating party. The expropriated party must disclose to those lessees and occupants in good faith the existence of expropriation procedures. The expropriated party who fails to do so is alone responsible for any injury resulting from that failure.

Within the meaning of this Act,

(1)  “date of expropriation” means the date of service of the notice of expropriation on the holder of a right in the expropriated immovable, which, if there is more than one right holder for the same right in the same immovable, corresponds to the date that is the latest among the dates of service of the notice of expropriation on them;

(2)  “occupant in good faith” means a natural or legal person, a general or limited partnership, an association or another group not endowed with juridical personality that

(a)  holds no right in the expropriated or reserved immovable,

(b)  is not a lessee of the expropriated or reserved immovable,

(c)  occupies the immovable after having entered into an agreement with the holder of the right in that immovable,

(d)  occupies the immovable personally and physically through concrete signs of its use, in particular by carrying on activities or leaving property there, and

(e)  occupies the immovable in a peaceful, continuous, public and unequivocal manner.

2023, c. 27, s. 12.