E-25 - Act respecting expropriation

Section 43 Disposition versions

2023-12-29

43. The Superior Court may, on an application by the expropriating party served on the divested parties, authorize at any time the transfer of the expropriated right if the following conditions are met:

(1)  it is so urgent for the expropriating party or, if applicable, for the party on whose behalf the expropriating party is carrying out the expropriation, that any delay in the transfer of the expropriated right would entail a considerable prejudice for it;

(2)  the divested parties suffer no irremediable prejudice as a result; and

(3)  the initial provisional indemnity has been paid to the divested parties or deposited on their behalf in the office of the Superior Court.

Such an application is heard and decided on an urgent basis and the judgment rendered cannot be appealed.

The expropriated right is transferred to the expropriating party or, if applicable, to the party on whose behalf the expropriating party is carrying out the expropriation, within 15 days after the date of the registration in the land register of the judgment authorizing the transfer. The expropriating party must notify, without delay, the certified statement of the registration to the divested parties, indicating the date of registration.

Despite subparagraph 3 of the first paragraph, the Superior Court may authorize the transfer of the expropriated right even if the initial provisional indemnity has not been paid to a lessee whose lease is not registered in the land register or to an occupant in good faith or deposited on their behalf in the office of the Superior Court, if the expropriating party was not able to do so because the name and address of that lessee or that occupant in good faith have not been disclosed to the expropriating party in accordance with the first paragraph of section 12.

2023, c. 27, s. 43.

Not in force

In force: 2023-12-29

43. The Superior Court may, on an application by the expropriating party served on the divested parties, authorize at any time the transfer of the expropriated right if the following conditions are met:

(1)  it is so urgent for the expropriating party or, if applicable, for the party on whose behalf the expropriating party is carrying out the expropriation, that any delay in the transfer of the expropriated right would entail a considerable prejudice for it;

(2)  the divested parties suffer no irremediable prejudice as a result; and

(3)  the initial provisional indemnity has been paid to the divested parties or deposited on their behalf in the office of the Superior Court.

Such an application is heard and decided on an urgent basis and the judgment rendered cannot be appealed.

The expropriated right is transferred to the expropriating party or, if applicable, to the party on whose behalf the expropriating party is carrying out the expropriation, within 15 days after the date of the registration in the land register of the judgment authorizing the transfer. The expropriating party must notify, without delay, the certified statement of the registration to the divested parties, indicating the date of registration.

Despite subparagraph 3 of the first paragraph, the Superior Court may authorize the transfer of the expropriated right even if the initial provisional indemnity has not been paid to a lessee whose lease is not registered in the land register or to an occupant in good faith or deposited on their behalf in the office of the Superior Court, if the expropriating party was not able to do so because the name and address of that lessee or that occupant in good faith have not been disclosed to the expropriating party in accordance with the first paragraph of section 12.

2023, c. 27, s. 43.