53.11. The amount of the provisional indemnity to be paid to the expropriated party must be not less than 70% of the expropriating party’s offer or not less than 70% of the municipal assessment of the expropriated immovable, whichever is greater, or, in case of expropriation of only part of the immovable, of the corresponding part of the assessment.
The municipal assessment of the expropriated immovable is determined by multiplying the value entered on the municipality’s assessment roll by the factor established for the roll by the Minister of Municipal Affairs and Greater Montréal under the Act respecting municipal taxation (chapter F-2.1).
In the case of fragmentation of the right of ownership, the amount of the provisional indemnity must be equal to at least 70% of the expropriating party’s offer.
1983, c. 21, s. 12; 1999, c. 43, s. 13.