E-25 - Act respecting expropriation

Section 92 Disposition versions

2023-12-29

92. The market value of the corporeal assets corresponds to the selling price of those assets

(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 assets, and

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

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

ii.  the corporeal assets were put up for sale for a sufficient period, taking into account their nature, the significance of the price and the economic situation, and

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

2023, c. 27, s. 92.

Not in force

In force: 2023-12-29

92. The market value of the corporeal assets corresponds to the selling price of those assets

(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 assets, and

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

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

ii.  the corporeal assets were put up for sale for a sufficient period, taking into account their nature, the significance of the price and the economic situation, and

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

2023, c. 27, s. 92.