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E-24 - Expropriation Act

Section 68
Disposition versions

Full text
68. The Tribunal shall fix the amount of the final indemnity and adjudicate as to legal costs by a decision giving the reasons therefor, and must send a copy forthwith to the clerk.
Where the amount of the expropriation indemnity is less than the amount of the provisional indemnity, the Tribunal shall order the restitution of the difference.
There may be added to the amount so awarded an indemnity computed by applying to such amount, from the date of taking possession of the expropriated property or from the date of homologation of the order, whichever is earlier, a percentage equal to the excess of the rate of interest fixed under section 28 of the Tax Administration Act (chapter A-6.002) over the legal rate of interest.
The order shall be homologated by the Superior Court, at the request of either party.
1973, c. 38, s. 67; 1983, c. 21, s. 18; 1986, c. 61, s. 14; 1997, c. 43, s. 253; 2010, c. 31, s. 175; I.N. 2016-01-01 (NCCP).
68. The Tribunal shall fix the amount of the final indemnity and adjudicate as to costs by a decision giving the reasons therefor, and must send a copy forthwith to the clerk.
Where the amount of the expropriation indemnity is less than the amount of the provisional indemnity, the Tribunal shall order the restitution of the difference.
There may be added to the amount so awarded an indemnity computed by applying to such amount, from the date of taking possession of the expropriated property or from the date of homologation of the order, whichever is earlier, a percentage equal to the excess of the rate of interest fixed under section 28 of the Tax Administration Act (chapter A-6.002) over the legal rate of interest.
The order shall be homologated by the Superior Court, at the request of either party.
1973, c. 38, s. 67; 1983, c. 21, s. 18; 1986, c. 61, s. 14; 1997, c. 43, s. 253; 2010, c. 31, s. 175.
68. The Tribunal shall fix the amount of the final indemnity and adjudicate as to costs by a decision giving the reasons therefor, and must send a copy forthwith to the clerk.
Where the amount of the expropriation indemnity is less than the amount of the provisional indemnity, the Tribunal shall order the restitution of the difference.
There may be added to the amount so awarded an indemnity computed by applying to such amount, from the date of taking possession of the expropriated property or from the date of homologation of the order, whichever is earlier, a percentage equal to the excess of the rate of interest fixed under section 28 of the Act respecting the Ministère du Revenu (chapter M-31) over the legal rate of interest.
The order shall be homologated by the Superior Court, at the request of either party.
1973, c. 38, s. 67; 1983, c. 21, s. 18; 1986, c. 61, s. 14; 1997, c. 43, s. 253.
68. The division shall fix the amount of the final indemnity and adjudicate as to costs by a decision giving the reasons therefor, and must send a copy forthwith to the prothonotary.
Where the amount of the expropriation indemnity is less than the amount of the provisional indemnity, the division shall order the restitution of the difference.
There may be added to the amount so awarded an indemnity computed by applying to such amount, from the date of taking possession of the expropriated property or from the date of homologation of the order, whichever is earlier, a percentage equal to the excess of the rate of interest fixed under section 28 of the Act respecting the Ministère du Revenu (chapter M-31) over the legal rate of interest.
The order shall be homologated by the Superior Court, at the request of either party.
1973, c. 38, s. 67; 1983, c. 21, s. 18; 1986, c. 61, s. 14.
68. The tribunal shall fix the amount of the final indemnity and adjudicate as to costs by a decision giving the reasons therefor, and must send a copy forthwith to the prothonotary.
Where the amount of the expropriation indemnity is less than the amount of the provisional indemnity, the tribunal shall order the restitution of the difference.
There may be added to the amount so awarded an indemnity computed by applying to such amount, from the date of taking possession of the expropriated property or from the date of the judgment homologating the order, whichever is earlier, a percentage equal to the excess of the rate of interest fixed under section 28 of the Act respecting the Ministère du Revenu (chapter M-31) over the legal rate of interest.
The order shall be homologated by the Superior Court, at the request of either party.
1973, c. 38, s. 67; 1983, c. 21, s. 18.
68. The tribunal shall fix the amount of the final indemnity and adjudicate as to costs by a decision giving the reasons therefor, and must send a copy forthwith to the prothonotary.
There may be added to the amount so awarded an indemnity computed by applying to such amount, from the date of taking possession of the expropriated property or from the date of the judgment homologating the order, whichever is earlier, a percentage equal to the excess of the rate of interest fixed under section 28 of the Act respecting the Ministère du Revenu (chapter M-31) over the legal rate of interest.
The order shall be homologated by the Superior Court, at the request of either party.
1973, c. 38, s. 67.
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