49. The expropriating party may, at any time after filing his offer, take possession of the expropriated property if:
(a) a delay of three months has elapsed from the service of the notice of expropriation on the expropriated party, or one month in the case of a fragmentation of the right of ownership;
(b) he has paid the expropriated party or on his behalf, in accordance with paragraph b of section 53, a provisional indemnity whose amount must be at least equal to seventy per cent of the expropriating party’s offer under section 46 or seventy per cent of the municipal assessment of the expropriated immoveable, whichever is greater, or, in the case of the expropriation of only part of an immoveable, to the corresponding part of such assessment.
To determine the municipal assessment of the expropriated immoveable, for the purposes of this section, its value entered on the assessment roll of the municipality is multiplied by the factor established for that roll by the Minister of Municipal Affairs under the Act respecting municipal taxation (chapter F-2.1).
In the case of a fragmentation of the right of ownership, the provisional indemnity must equal at least seventy per cent of the offer.
The expropriated party may contest the expropriating party’s right to take possession of the expropriated property, if the expropriating party has not fulfilled the conditions prescribed in the preceding paragraphs by a summary motion to a judge of the Superior Court served on the expropriating party before the expiry of fifteen days following the date on which the expropriating party notified him of his intention to take possession.
1973, c. 38, s. 48; 1979, c. 72, s. 332.