R-13.1 - Act respecting the land regime in the James Bay and New Québec territories

Section 43 Disposition versions

2016-01-01

43. In the case of compensation in the form of land, the following rules apply:

(a)  the interested local government shall indicate its preference to the Government as to the selection of lands as soon as the notice of expropriation has been communicated to it or, if the right to expropriate is contested, as soon as the final judgment on the application has been communicated to it;

(b)  if there is disagreement as to the choice of lands, the Government shall then propose to the local government, taking into consideration the preference of the latter, an area with characteristics similar to those of the expropriated lands, as far as possible, and contiguous to Category I lands;

(c)  the area so proposed as replacement land shall be double the size of the land to be replaced. The local government shall then be entitled to select from the new area a piece of land equal in size to the land expropriated;

(d)  the procedure provided for in this section begins on the day on which the Government communicates the notice of expropriation provided for in paragraph a or, if the right to expropriate is contested, on the day on which final judgment on the application is communicated; this procedure ends at the latest on the one hundred and twentieth day which follows the beginning of the procedure;

(e)  if there is no agreement on the choice of the replacement lands within the period of 120 days, the compensation shall take the form of money.

1978, c. 93, s. 43; I.N. 2016-01-01 (NCCP).

1979-01-31

43. In the case of compensation in the form of land, the following rules apply:

(a)  the interested local government shall indicate its preference to the Government as to the selection of lands as soon as the notice of expropriation has been communicated to it or, if the right to expropriate is contested, as soon as the final judgment on the motion has been communicated to it;

(b)  if there is disagreement as to the choice of lands, the Government shall then propose to the local government, taking into consideration the preference of the latter, an area with characteristics similar to those of the expropriated lands, as far as possible, and contiguous to Category I lands;

(c)  the area so proposed as replacement land shall be double the size of the land to be replaced. The local government shall then be entitled to select from the new area a piece of land equal in size to the land expropriated;

(d)  the procedure provided for in this section begins on the day on which the Government communicates the notice of expropriation provided for in paragraph a or, if the right to expropriate is contested, on the day on which final judgment on the motion is communicated; this procedure ends at the latest on the one hundred and twentieth day which follows the beginning of the procedure;

(e)  if there is no agreement on the choice of the replacement lands within the period of 120 days, the compensation shall take the form of money.

1978, c. 93, s. 43.