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E-25 - Act respecting expropriation
Section 163
Disposition versions
163. The establishment of a reserve gives rise to an indemnity, which corresponds to the sum of the indemnity in reparation for injuries and the indemnity for trouble, nuisance and inconvenience provided for in subdivisions III and V of subdivision 3 of Division III of Chapter III of Title III of Part I, with the necessary modifications. The indemnity may not include any amount with regard to the use that the right holder, the lessee or the occupant in good faith could have made of the reserved immovable without that reserve.
Where the right in the reserved immovable is the subject of an expropriation before the expiry of the reserve, the right holder, the lessee and the occupant in good faith may, in the context of the expropriation indemnity proceeding and within six months after the date of expropriation, apply to the Administrative Tribunal of Québec for the indemnity referred to in the first paragraph. That application must be notified to the expropriating party within the same time.
Where the right in the reserved immovable is not the subject of an expropriation before the end of the reserve, the application relating to the indemnity provided for in the first paragraph must be filed with the Tribunal within six months after the date on which the reserve expires or, as applicable, the date of notification referred to in section 160. The application must be notified to the person establishing the reserve within the same time. This time limit is a strict time limit.
In force: 2023-12-29
163. The establishment of a reserve gives rise to an indemnity, which corresponds to the sum of the indemnity in reparation for injuries and the indemnity for trouble, nuisance and inconvenience provided for in subdivisions III and V of subdivision 3 of Division III of Chapter III of Title III of Part I, with the necessary modifications. The indemnity may not include any amount with regard to the use that the right holder, the lessee or the occupant in good faith could have made of the reserved immovable without that reserve.
Where the right in the reserved immovable is the subject of an expropriation before the expiry of the reserve, the right holder, the lessee and the occupant in good faith may, in the context of the expropriation indemnity proceeding and within six months after the date of expropriation, apply to the Administrative Tribunal of Québec for the indemnity referred to in the first paragraph. That application must be notified to the expropriating party within the same time.
Where the right in the reserved immovable is not the subject of an expropriation before the end of the reserve, the application relating to the indemnity provided for in the first paragraph must be filed with the Tribunal within six months after the date on which the reserve expires or, as applicable, the date of notification referred to in section 160. The application must be notified to the person establishing the reserve within the same time. This time limit is a strict time limit.
