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E-25 - Act respecting expropriation
Section 153
Disposition versions
153. The holder of a right in a reserved immovable as well as the lessee and the occupant in good faith of a reserved immovable who carry on activities on the immovable, as at the date of establishment of the reserve, may, for serious reasons, request from the party imposing the reserve an authorization to carry out a construction, an improvement or an addition necessary for carrying on those activities.
If the party imposing the reserve denies that authorization, the right holder, the lessee and the occupant in good faith may apply to the Superior Court for an authorization to carry out the construction, improvement or addition. The application must be filed in the office of the Superior Court and notified to the person establishing the reserve. The application must be heard and decided on an urgent basis and the judgment rendered cannot be appealed.
The Superior Court may, on the conditions it determines, grant the authorization if the construction, improvement or addition the right holder, the lessee or the occupant in good faith wishes to carry out is the only option possible for ensuring the continuation of the activities.
In force: 2023-12-29
153. The holder of a right in a reserved immovable as well as the lessee and the occupant in good faith of a reserved immovable who carry on activities on the immovable, as at the date of establishment of the reserve, may, for serious reasons, request from the party imposing the reserve an authorization to carry out a construction, an improvement or an addition necessary for carrying on those activities.
If the party imposing the reserve denies that authorization, the right holder, the lessee and the occupant in good faith may apply to the Superior Court for an authorization to carry out the construction, improvement or addition. The application must be filed in the office of the Superior Court and notified to the person establishing the reserve. The application must be heard and decided on an urgent basis and the judgment rendered cannot be appealed.
The Superior Court may, on the conditions it determines, grant the authorization if the construction, improvement or addition the right holder, the lessee or the occupant in good faith wishes to carry out is the only option possible for ensuring the continuation of the activities.
