E-25 - Act respecting expropriation

Section 81 Disposition versions

2023-12-29

81. The approach based on the re-establishment theory applies where, following the expropriation, the expropriated party may operate its agricultural, commercial or industrial enterprise or continue its institutional activities only on a substitute immovable equivalent to the expropriated immovable.

This approach is applicable only to the expropriation of a right of ownership in all of the immovable and only if the expropriated party proves the following elements:

(1)  there is no market for that type of immovable in the territory served due to the immovable’s special characteristics which are necessary for and specific to the operation of the enterprise;

(2)  the expropriated party must necessarily be re-established in the territory served; and

(3)  the expropriated party is the owner of the substitute immovable and the re-establishment work has begun.

2023, c. 27, s. 81.

Not in force

In force: 2023-12-29

81. The approach based on the re-establishment theory applies where, following the expropriation, the expropriated party may operate its agricultural, commercial or industrial enterprise or continue its institutional activities only on a substitute immovable equivalent to the expropriated immovable.

This approach is applicable only to the expropriation of a right of ownership in all of the immovable and only if the expropriated party proves the following elements:

(1)  there is no market for that type of immovable in the territory served due to the immovable’s special characteristics which are necessary for and specific to the operation of the enterprise;

(2)  the expropriated party must necessarily be re-established in the territory served; and

(3)  the expropriated party is the owner of the substitute immovable and the re-establishment work has begun.

2023, c. 27, s. 81.