E-25 - Act respecting expropriation

Section 87 Disposition versions

2023-12-29

87. The highest and best use of a right is the use that gives the right the highest monetary value.

That use corresponds to the use of the right as at the date of expropriation or to the use determined by taking into account, as at the date of expropriation, all of the following criteria:

(1)  the use is feasible for the immovable due to its dimensions, form, area, topography and composition;

(2)  the use is allowed under the laws of Québec and Canada and the regulations enacted under such laws, including municipal by-laws, or is protected by rights acquired as at the date of expropriation;

(3)  the use must show a positive return in terms of net income;

(4)  it is not only possible but probable that the use will materialize within three years after the date of expropriation;

(5)  there exists a demand on the market for the right assessed for that use; and

(6)  the use is that which brings the highest value to the immovable from among all possible uses under this paragraph.

For the purposes of subparagraph 4 of the second paragraph, the probability that the use materializes must be assessed in the same way as for an acquisition by agreement in the free market. Furthermore, a possible amendment to the laws of Québec and Canada and to the regulations enacted under such laws, including municipal by-laws, must in no case be taken into account so as to allow uses other than those possible as at the date of expropriation.

Despite the second paragraph, a municipal planning by-law that could reduce or increase the value of the expropriated immovable must not be taken into consideration if it is adopted before the date of expropriation and its purpose is to allow the carrying out of the expropriating party’s project or to reduce the costs of the expropriation. In such a case, the Tribunal may take into consideration the planning standards applicable before the adoption of that by-law.

2023, c. 27, s. 87.

Not in force

In force: 2023-12-29

87. The highest and best use of a right is the use that gives the right the highest monetary value.

That use corresponds to the use of the right as at the date of expropriation or to the use determined by taking into account, as at the date of expropriation, all of the following criteria:

(1)  the use is feasible for the immovable due to its dimensions, form, area, topography and composition;

(2)  the use is allowed under the laws of Québec and Canada and the regulations enacted under such laws, including municipal by-laws, or is protected by rights acquired as at the date of expropriation;

(3)  the use must show a positive return in terms of net income;

(4)  it is not only possible but probable that the use will materialize within three years after the date of expropriation;

(5)  there exists a demand on the market for the right assessed for that use; and

(6)  the use is that which brings the highest value to the immovable from among all possible uses under this paragraph.

For the purposes of subparagraph 4 of the second paragraph, the probability that the use materializes must be assessed in the same way as for an acquisition by agreement in the free market. Furthermore, a possible amendment to the laws of Québec and Canada and to the regulations enacted under such laws, including municipal by-laws, must in no case be taken into account so as to allow uses other than those possible as at the date of expropriation.

Despite the second paragraph, a municipal planning by-law that could reduce or increase the value of the expropriated immovable must not be taken into consideration if it is adopted before the date of expropriation and its purpose is to allow the carrying out of the expropriating party’s project or to reduce the costs of the expropriation. In such a case, the Tribunal may take into consideration the planning standards applicable before the adoption of that by-law.

2023, c. 27, s. 87.