E-25 - Act respecting expropriation

Section 93 Disposition versions

2023-12-29

93. The equivalence indemnity corresponds to the acquisition costs of the corporeal assets that cannot be relocated, to the acquisition costs of the materials and to the costs of the work that are required to give the substitute immovable characteristics equivalent to those of the expropriated immovable or, as applicable, to those of the leased or occupied part of the expropriated immovable and necessary for the use of the immovable as at the date of expropriation.

The difference between the lesser of the following amounts, that is, the acquisition cost of the substitute immovable or its market value as at the date of acquisition, and the market value of the expropriated right must be added to those costs if

(1)  the expropriated right is a right of ownership in all of the immovable;

(2)  the expropriated party’s residence is or was part of the expropriated immovable;

(3)  the expropriated party owns the substitute immovable or has accepted a promise of sale for that immovable;

(4)  the expropriated party has established its residence on the substitute immovable or, in the case of a promise of sale for that immovable, will do so;

(5)  the substitute immovable is equivalent to the expropriated immovable; and

(6)  the expropriated party renounces the indemnity provided for in section 117.

However, where the expropriated party becomes the owner of the substitute immovable or, as applicable, accepts a promise of sale for that immovable after the date that is one year after the date of expropriation, the difference between the lesser of the following amounts, that is, the acquisition cost of the substitute immovable or its market value as at the date that is one year after the date of expropriation, and the market value of the expropriated right must be added instead.

For the purposes of the second and third paragraphs, where the expropriated party’s residence is only part of the substitute immovable or expropriated immovable, the market value or the acquisition cost of the immovable concerned must cover that part only.

The contributive value of the characteristics that the substitute immovable possesses and that the expropriated immovable or, as applicable, the leased or occupied part of the expropriated immovable is not endowed with must, however, be deducted from the total of the costs established under the first paragraph and from the amount established under the second paragraph.

2023, c. 27, s. 93.

Not in force

In force: 2023-12-29

93. The equivalence indemnity corresponds to the acquisition costs of the corporeal assets that cannot be relocated, to the acquisition costs of the materials and to the costs of the work that are required to give the substitute immovable characteristics equivalent to those of the expropriated immovable or, as applicable, to those of the leased or occupied part of the expropriated immovable and necessary for the use of the immovable as at the date of expropriation.

The difference between the lesser of the following amounts, that is, the acquisition cost of the substitute immovable or its market value as at the date of acquisition, and the market value of the expropriated right must be added to those costs if

(1)  the expropriated right is a right of ownership in all of the immovable;

(2)  the expropriated party’s residence is or was part of the expropriated immovable;

(3)  the expropriated party owns the substitute immovable or has accepted a promise of sale for that immovable;

(4)  the expropriated party has established its residence on the substitute immovable or, in the case of a promise of sale for that immovable, will do so;

(5)  the substitute immovable is equivalent to the expropriated immovable; and

(6)  the expropriated party renounces the indemnity provided for in section 117.

However, where the expropriated party becomes the owner of the substitute immovable or, as applicable, accepts a promise of sale for that immovable after the date that is one year after the date of expropriation, the difference between the lesser of the following amounts, that is, the acquisition cost of the substitute immovable or its market value as at the date that is one year after the date of expropriation, and the market value of the expropriated right must be added instead.

For the purposes of the second and third paragraphs, where the expropriated party’s residence is only part of the substitute immovable or expropriated immovable, the market value or the acquisition cost of the immovable concerned must cover that part only.

The contributive value of the characteristics that the substitute immovable possesses and that the expropriated immovable or, as applicable, the leased or occupied part of the expropriated immovable is not endowed with must, however, be deducted from the total of the costs established under the first paragraph and from the amount established under the second paragraph.

2023, c. 27, s. 93.