E-25 - Act respecting expropriation

Section 35 Disposition versions

2023-12-29

35. The Administrative Tribunal of Québec may, on an application by the expropriating party served on the expropriated party, authorize the expropriating party to discontinue the expropriation procedure totally or partially.

The application must be made within the context of the expropriation indemnity proceeding and before a notice of transfer of right is registered in the land register.

A decision authorizing a total or partial discontinuance of the expropriation procedure is to be filed by the expropriating party with the Land Registrar for registration in the land register. The decision must be accompanied by a sworn statement from the expropriating party, made at least 30 days after the date of the decision, in which it is stated that the decision is not the subject of an application for leave to appeal, of an appeal or of an application for review or revocation.

The discontinuance has effect as of that registration.

The expropriating party must notify the certified statement of the registration of the discontinuance in the land register to the divested parties.

The fourth paragraph of section 31 and section 34 apply following the registration of the discontinuance in the land register, with the necessary modifications.

2023, c. 27, s. 35.

Not in force

In force: 2023-12-29

35. The Administrative Tribunal of Québec may, on an application by the expropriating party served on the expropriated party, authorize the expropriating party to discontinue the expropriation procedure totally or partially.

The application must be made within the context of the expropriation indemnity proceeding and before a notice of transfer of right is registered in the land register.

A decision authorizing a total or partial discontinuance of the expropriation procedure is to be filed by the expropriating party with the Land Registrar for registration in the land register. The decision must be accompanied by a sworn statement from the expropriating party, made at least 30 days after the date of the decision, in which it is stated that the decision is not the subject of an application for leave to appeal, of an appeal or of an application for review or revocation.

The discontinuance has effect as of that registration.

The expropriating party must notify the certified statement of the registration of the discontinuance in the land register to the divested parties.

The fourth paragraph of section 31 and section 34 apply following the registration of the discontinuance in the land register, with the necessary modifications.

2023, c. 27, s. 35.