E-25 - Act respecting expropriation

Section 31 Disposition versions

2023-12-29

31. The expropriating party may, with the written consent of the expropriated party, discontinue the expropriation procedure totally or partially at any time before the expropriated right is transferred to the expropriating party.

Registration of a notice of discontinuance in the land register is obtained by filing the notice with the Land Registrar together with the written consent of the expropriated party. Discontinuance has effect as of its registration.

The notice must contain, in particular,

(1)  the description of the expropriated immovable or of the part of the expropriated immovable that is the subject of the discontinuance;

(2)  the right that is to be acquired by expropriation and that is concerned by the discontinuance;

(3)  a statement indicating that the expropriating party is discontinuing the expropriation procedure totally or, as applicable, partially; and

(4)  the information text in accordance with that which may be established by the Minister.

Where the discontinuance is total, it terminates the expropriation procedure, without however terminating the expropriation indemnity proceeding whereby the Tribunal may, if applicable, determine damages in reparation for the injury resulting from the discontinuance. Where the discontinuance is partial, the registration of the notice of discontinuance only terminates the expropriation procedure with regard to the right that is the subject of the discontinuance.

2023, c. 27, s. 31.

See the Information text established by the Minister of Transport and Sustainable Mobility, see M.O. 2023-31, 2023-12-27, (2023) 155 G.O. 2, 3433A.

Not in force

In force: 2023-12-29

31. The expropriating party may, with the written consent of the expropriated party, discontinue the expropriation procedure totally or partially at any time before the expropriated right is transferred to the expropriating party.

Registration of a notice of discontinuance in the land register is obtained by filing the notice with the Land Registrar together with the written consent of the expropriated party. Discontinuance has effect as of its registration.

The notice must contain, in particular,

(1)  the description of the expropriated immovable or of the part of the expropriated immovable that is the subject of the discontinuance;

(2)  the right that is to be acquired by expropriation and that is concerned by the discontinuance;

(3)  a statement indicating that the expropriating party is discontinuing the expropriation procedure totally or, as applicable, partially; and

(4)  the information text in accordance with that which may be established by the Minister.

Where the discontinuance is total, it terminates the expropriation procedure, without however terminating the expropriation indemnity proceeding whereby the Tribunal may, if applicable, determine damages in reparation for the injury resulting from the discontinuance. Where the discontinuance is partial, the registration of the notice of discontinuance only terminates the expropriation procedure with regard to the right that is the subject of the discontinuance.

2023, c. 27, s. 31.

See the Information text established by the Minister of Transport and Sustainable Mobility, see M.O. 2023-31, 2023-12-27, (2023) 155 G.O. 2, 3433A.