A-19.1 - Act respecting land use planning and development

Section 245.3 Disposition versions

2023-12-08

245.3. Where it is declared that an owner referred to in section 245.2 is entitled to be indemnified under article 952 of the Civil Code, the court shall determine the final indemnity to which the owner may be entitled, and shall indicate in its judgment the amounts of the indemnity that are owed to the owner and those that could be owed if the infringement does not cease.

The indemnity is determined in accordance with the provisions of subdivisions 2, 3, 4 and 6 of Division III of Chapter III of Title III of Part I of the Act respecting expropriation (chapitre E-25). For the purposes of section 129 of that Act, the cessation of the infringement is considered a discontinuance.

The judgment shall grant a time limit to the person who performs the act to put a stop to the infringement, which must not be less than nine months from the date of the judgment.

Within four months after the judgment, the person who performs the act must notify the court and the owner of his decision either to put a stop to the infringement or to acquire the property concerned. In the latter case, the court shall order the person who performs the act to pay the indemnity it determined in the event that the infringement did not cease and shall order the transfer of ownership of the property concerned to the person who performs the act.

If the infringement does not cease within the time limit granted, the court, on the owner’s request, shall order the person who performs the act to pay the indemnity determined, which shall be adjusted at the owner’s request to account for any new damages, and shall order the transfer of ownership of the property concerned to the person who performs the act.

2023, c. 33, s. 6.