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C-27.1 - Municipal Code of Québec

Section 738.3
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738.3. (Repealed).
2001, c. 68, s. 37; 2005, c. 6, s. 214.
738.3. Every real right which could be asserted by a person in a part of land that is the subject of a description referred to in article 738.1 is extinguished as of the filing of the description at the registry office in accordance with that article.
The holder of a real right extinguished under the first paragraph may, however, claim an indemnity as compensation for the extinction from the municipality. Failing an agreement, the amount of the indemnity shall be fixed by the Administrative Tribunal of Québec on the application of the person claiming the indemnity or the municipality, and sections 58 to 68 of the Expropriation Act (chapter E-24) apply, with the necessary modifications.
The right to the indemnity under the second paragraph is prescribed three years after the second publication made in accordance with article 738.2.
2001, c. 68, s. 37.
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