E-25 - Act respecting expropriation

Section 78 Disposition versions

2023-12-29

78. The approach based on displacement of a structure applies if it is possible to move a structure, situated on the part of the expropriated immovable or on the remainder, in order to install the structure on the remainder or on another immovable. Despite section 75, this approach is supplemented by the approach based on redevelopment of an immovable.

Where the expropriated party refuses to move a structure to an immovable, the expropriating party may apply to the Administrative Tribunal of Québec for an order directing the expropriated party to move the structure if

(1)  the immovable

(a)  is situated near the expropriated immovable,

(b)  belongs to the expropriated party or to the expropriating party, and

(c)  is appropriate for the purposes for which the structure was used before the date of expropriation; and

(2)  such relocation will reduce the cost of the expropriation.

A party to the proceeding may apply to the Tribunal for an order directing a structure to be moved to the remainder or to another immovable belonging to the expropriated party if the displacement will enable the reorganization of the group formed by structures and reduce the cost of the expropriation in cases where

(1)  the structure, situated on the remainder, is a dependency of a structure situated on the expropriated immovable;

(2)  the structure, situated on the expropriated immovable, is a dependency of a structure situated on the remainder; or

(3)  the structure is part of a group of structures designed in relation to each other as part of a joint undertaking.

2023, c. 27, s. 78.

Not in force

In force: 2023-12-29

78. The approach based on displacement of a structure applies if it is possible to move a structure, situated on the part of the expropriated immovable or on the remainder, in order to install the structure on the remainder or on another immovable. Despite section 75, this approach is supplemented by the approach based on redevelopment of an immovable.

Where the expropriated party refuses to move a structure to an immovable, the expropriating party may apply to the Administrative Tribunal of Québec for an order directing the expropriated party to move the structure if

(1)  the immovable

(a)  is situated near the expropriated immovable,

(b)  belongs to the expropriated party or to the expropriating party, and

(c)  is appropriate for the purposes for which the structure was used before the date of expropriation; and

(2)  such relocation will reduce the cost of the expropriation.

A party to the proceeding may apply to the Tribunal for an order directing a structure to be moved to the remainder or to another immovable belonging to the expropriated party if the displacement will enable the reorganization of the group formed by structures and reduce the cost of the expropriation in cases where

(1)  the structure, situated on the remainder, is a dependency of a structure situated on the expropriated immovable;

(2)  the structure, situated on the expropriated immovable, is a dependency of a structure situated on the remainder; or

(3)  the structure is part of a group of structures designed in relation to each other as part of a joint undertaking.

2023, c. 27, s. 78.