E-25 - Act respecting expropriation

Section 140 Disposition versions

2023-12-29

140. The expropriating party or the party on whose behalf the expropriating party is carrying out the expropriation must offer to reconvey a lot acquired by expropriation back to the party from whom the lot was acquired, if the lot is situated in an agricultural zone, if the lot is used for the practice of agriculture or if the lot, due to the purposes of the expropriation, has been excluded from an agricultural zone or has been authorized for a use other than agriculture.

The expropriating party or the party on whose behalf the expropriating party is carrying out the expropriation must send the offer of reconveyance to the party from whom the lot was acquired

(1)  within one year after a final decision denying the application to exclude the lot from the agricultural zone or the application to use the lot for purposes other than agriculture if the expropriating party or the party on whose behalf the expropriating party is carrying out the expropriation may not use the lot for the purposes of the expropriation due to that decision;

(2)  within one year after the transfer of ownership of the lot to the expropriating party or the party on whose behalf the expropriating party is carrying out the expropriation if the party must, to use the lot for the purposes of the expropriation, obtain, under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), an authorization to exclude the lot from the agricultural zone or to use it for purposes other than agriculture, and if they have not made any application to that end or, if applicable, obtained an authorization under section 66 of that Act; or

(3)  within three years after the decision of the expropriating party or of the party on whose behalf the expropriating party is carrying out the expropriation to no longer use the lot for the purposes of the expropriation

(a)  if the lot has been excluded from an agricultural zone;

(b)  if a use of the lot for purposes other than agriculture has been authorized; or

(c)  if no authorization is required under that Act or its regulations.

That offer must be equal to the market value of the lot established as at the date of the offer of reconveyance and, if applicable, the expropriating party or the party on whose behalf the expropriating party is carrying out the expropriation pays the notaries’ professional fees required for the preparation of the deed of reconveyance, for its signature by the parties and for the registration of the deed in the land register.

If the lot is no longer situated in an agricultural zone when the decision to make an offer of reconveyance is made, the expropriating party or the party on whose behalf the expropriating party is carrying out the expropriation must, prior to that offer, apply to have the lot included again in an agricultural zone in accordance with section 58 of the Act respecting the preservation of agricultural land and agricultural activities. That application is not subject to section 58.5 of that Act. However, sections 67 to 69 of that Act apply, with the necessary modifications.

For the purposes of this section and of sections 141 and 244,

(1)  “lot” means a lot within the meaning of subparagraph 8 of the first paragraph of section 1 of the Act respecting the preservation of agricultural land and agricultural activities; and

(2)  “agriculture” means agriculture within the meaning of subparagraph 1 of the first paragraph of section 1 of that same Act.

2023, c. 27, s. 140.

Not in force

In force: 2023-12-29

140. The expropriating party or the party on whose behalf the expropriating party is carrying out the expropriation must offer to reconvey a lot acquired by expropriation back to the party from whom the lot was acquired, if the lot is situated in an agricultural zone, if the lot is used for the practice of agriculture or if the lot, due to the purposes of the expropriation, has been excluded from an agricultural zone or has been authorized for a use other than agriculture.

The expropriating party or the party on whose behalf the expropriating party is carrying out the expropriation must send the offer of reconveyance to the party from whom the lot was acquired

(1)  within one year after a final decision denying the application to exclude the lot from the agricultural zone or the application to use the lot for purposes other than agriculture if the expropriating party or the party on whose behalf the expropriating party is carrying out the expropriation may not use the lot for the purposes of the expropriation due to that decision;

(2)  within one year after the transfer of ownership of the lot to the expropriating party or the party on whose behalf the expropriating party is carrying out the expropriation if the party must, to use the lot for the purposes of the expropriation, obtain, under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), an authorization to exclude the lot from the agricultural zone or to use it for purposes other than agriculture, and if they have not made any application to that end or, if applicable, obtained an authorization under section 66 of that Act; or

(3)  within three years after the decision of the expropriating party or of the party on whose behalf the expropriating party is carrying out the expropriation to no longer use the lot for the purposes of the expropriation

(a)  if the lot has been excluded from an agricultural zone;

(b)  if a use of the lot for purposes other than agriculture has been authorized; or

(c)  if no authorization is required under that Act or its regulations.

That offer must be equal to the market value of the lot established as at the date of the offer of reconveyance and, if applicable, the expropriating party or the party on whose behalf the expropriating party is carrying out the expropriation pays the notaries’ professional fees required for the preparation of the deed of reconveyance, for its signature by the parties and for the registration of the deed in the land register.

If the lot is no longer situated in an agricultural zone when the decision to make an offer of reconveyance is made, the expropriating party or the party on whose behalf the expropriating party is carrying out the expropriation must, prior to that offer, apply to have the lot included again in an agricultural zone in accordance with section 58 of the Act respecting the preservation of agricultural land and agricultural activities. That application is not subject to section 58.5 of that Act. However, sections 67 to 69 of that Act apply, with the necessary modifications.

For the purposes of this section and of sections 141 and 244,

(1)  “lot” means a lot within the meaning of subparagraph 8 of the first paragraph of section 1 of the Act respecting the preservation of agricultural land and agricultural activities; and

(2)  “agriculture” means agriculture within the meaning of subparagraph 1 of the first paragraph of section 1 of that same Act.

2023, c. 27, s. 140.