E-25 - Act respecting expropriation

Section 86 Disposition versions

2023-12-29

86. The value of a right corresponds to the selling price

(1)  that is the most probable; and

(2)  that is established

(a)  as at the date of expropriation,

(b)  according to the highest and best use of the right, and

(c)  in a free and open market that meets the following conditions:

i.  the parties are properly informed of the condition of the immovable and of the market conditions and have reasonable knowledge of the highest and best use of the right,

ii.  the right was put on sale for a sufficient period, taking into account its nature, the significance of the price and the economic situation, and

iii.  all considerations extraneous to the right, such as advantageous financing conditions for the acquirer or other conditions or advantages granted to the latter as an incentive to acquire the right, are disregarded, and

(d)  without taking into account

i.  the decrease in value or the increase in value attributable to the public announcement of the project of the expropriating party or of the party on whose behalf the expropriating party is carrying out the expropriation,

ii.  the structures, improvements or additions made after the date of establishment of the reserve, except those that constitute necessary repairs and those authorized under section 153, and

iii.  the augmentation in the value of the right resulting from the immovable being assigned a use that could be prohibited by a tribunal, that contravenes a law of Québec or of Canada, or a regulation enacted under such a law, including a municipal by-law, or that is prejudicial to the health of the occupants of the immovable or to public health.

2023, c. 27, s. 86.

Not in force

In force: 2023-12-29

86. The value of a right corresponds to the selling price

(1)  that is the most probable; and

(2)  that is established

(a)  as at the date of expropriation,

(b)  according to the highest and best use of the right, and

(c)  in a free and open market that meets the following conditions:

i.  the parties are properly informed of the condition of the immovable and of the market conditions and have reasonable knowledge of the highest and best use of the right,

ii.  the right was put on sale for a sufficient period, taking into account its nature, the significance of the price and the economic situation, and

iii.  all considerations extraneous to the right, such as advantageous financing conditions for the acquirer or other conditions or advantages granted to the latter as an incentive to acquire the right, are disregarded, and

(d)  without taking into account

i.  the decrease in value or the increase in value attributable to the public announcement of the project of the expropriating party or of the party on whose behalf the expropriating party is carrying out the expropriation,

ii.  the structures, improvements or additions made after the date of establishment of the reserve, except those that constitute necessary repairs and those authorized under section 153, and

iii.  the augmentation in the value of the right resulting from the immovable being assigned a use that could be prohibited by a tribunal, that contravenes a law of Québec or of Canada, or a regulation enacted under such a law, including a municipal by-law, or that is prejudicial to the health of the occupants of the immovable or to public health.

2023, c. 27, s. 86.