E-25 - Act respecting expropriation

Section 82 Disposition versions

2023-12-29

82. The final indemnity due to an expropriated party corresponds to the aggregate of the following indemnities:

(1)  the immovable indemnity;

(2)  the indemnity in reparation for injuries;

(3)  the indemnity for loss of suitability value; and

(4)  the indemnity for trouble, nuisance and inconvenience.

Despite the first paragraph, where the immovable indemnity is established on the basis of a use other than the use as at the date of expropriation, the expropriated party is not entitled to any of the indemnities provided for in sections 89 to 106, except the indemnity to compensate for the injuries referred to in section 97.

The final indemnity due to a lessee or to an occupant in good faith corresponds to the indemnity provided for in subparagraph 2 of the first paragraph, to which may be added, for a lessee or occupant in good faith if their residence is part of the expropriated immovable, the sum of the indemnities provided for in subparagraphs 3 and 4 of the first paragraph or, for a lessee or an occupant in good faith who operates an agricultural, commercial or industrial enterprise or who carries on institutional activities,

(1)  the redevelopment indemnity provided for in section 89, where the indemnity is established according to the approach based on redevelopment of an immovable;

(2)  the enterprise closure indemnity provided for in section 91, where the indemnity is established according to the approach based on discontinuance of an enterprise; or

(3)  the equivalence indemnity provided for in section 93, where the indemnity is established according to the approach based on relocation.

2023, c. 27, s. 82.

Not in force

In force: 2023-12-29

82. The final indemnity due to an expropriated party corresponds to the aggregate of the following indemnities:

(1)  the immovable indemnity;

(2)  the indemnity in reparation for injuries;

(3)  the indemnity for loss of suitability value; and

(4)  the indemnity for trouble, nuisance and inconvenience.

Despite the first paragraph, where the immovable indemnity is established on the basis of a use other than the use as at the date of expropriation, the expropriated party is not entitled to any of the indemnities provided for in sections 89 to 106, except the indemnity to compensate for the injuries referred to in section 97.

The final indemnity due to a lessee or to an occupant in good faith corresponds to the indemnity provided for in subparagraph 2 of the first paragraph, to which may be added, for a lessee or occupant in good faith if their residence is part of the expropriated immovable, the sum of the indemnities provided for in subparagraphs 3 and 4 of the first paragraph or, for a lessee or an occupant in good faith who operates an agricultural, commercial or industrial enterprise or who carries on institutional activities,

(1)  the redevelopment indemnity provided for in section 89, where the indemnity is established according to the approach based on redevelopment of an immovable;

(2)  the enterprise closure indemnity provided for in section 91, where the indemnity is established according to the approach based on discontinuance of an enterprise; or

(3)  the equivalence indemnity provided for in section 93, where the indemnity is established according to the approach based on relocation.

2023, c. 27, s. 82.