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E-25 - Act respecting expropriation
Section 70
Disposition versions
70. An expropriated party who transfers to a third party, other than the expropriating party or, if applicable, the party on whose behalf the expropriating party is carrying out the expropriation, a right in all or part of the expropriated immovable must inform the new holder of a right in the immovable of the existence of an expropriation procedure and of an expropriation indemnity proceeding that concern that right.
The deed transferring the right must specify who, among the expropriated party or, as applicable, the new right holder, is entitled to the indemnities and damages to be paid under this Act. If not specified in the deed, the new right holder is the person entitled to those indemnities and to those damages, except the indemnity provided for in the first paragraph of section 163.
The new right holder must inform the expropriating party of the transfer and of who is entitled to the indemnities and damages according to the deed of transfer. If not so informed, the expropriating party has no obligation toward the new right holder with regard to those indemnities and damages.
The expropriation procedure continues by operation of law against the new right holder, while the proceeding to determine the indemnity continues against the initial expropriated party as long as the new right holder has not continued the proceeding or intervened.
The cumulative amount of the final indemnities and damages determined for the initial expropriated party and the new right holder may not be greater than the cumulative amount of the final indemnity and damages that would have been paid by the expropriating party to the initial expropriated party had there been no continuance of proceeding or intervention.
In force: 2023-12-29
70. An expropriated party who transfers to a third party, other than the expropriating party or, if applicable, the party on whose behalf the expropriating party is carrying out the expropriation, a right in all or part of the expropriated immovable must inform the new holder of a right in the immovable of the existence of an expropriation procedure and of an expropriation indemnity proceeding that concern that right.
The deed transferring the right must specify who, among the expropriated party or, as applicable, the new right holder, is entitled to the indemnities and damages to be paid under this Act. If not specified in the deed, the new right holder is the person entitled to those indemnities and to those damages, except the indemnity provided for in the first paragraph of section 163.
The new right holder must inform the expropriating party of the transfer and of who is entitled to the indemnities and damages according to the deed of transfer. If not so informed, the expropriating party has no obligation toward the new right holder with regard to those indemnities and damages.
The expropriation procedure continues by operation of law against the new right holder, while the proceeding to determine the indemnity continues against the initial expropriated party as long as the new right holder has not continued the proceeding or intervened.
The cumulative amount of the final indemnities and damages determined for the initial expropriated party and the new right holder may not be greater than the cumulative amount of the final indemnity and damages that would have been paid by the expropriating party to the initial expropriated party had there been no continuance of proceeding or intervention.
