53.15. When the expropriating party deposits the provisional indemnity in the office of the Superior Court, the prothonotary shall without delay give notice of the deposit to the municipality or urban community and to the school board responsible for collecting real estate taxes for the territory in which the expropriated property is situated. He shall also obtain from the registrar, at the expense of the expropriating party, the certificate provided for in articles 703 to 707 of the Code of Civil Procedure (chapter C-25). However, the expropriated party being the owner of the property may furnish the necessary documents to the prothonotary of his own motion.
Where the prothonotary finds no debts affecting the expropriated property, the expropriated party may withdraw the provisional indemnity. Otherwise, the provisional indemnity shall be distributed to the creditors according to the rules provided in the case of a seizure in execution of immovable property without, however, any collocation of law costs and, if the amount to be distributed does not exceed $1 000, without the formality of a scheme of collocation.
When distribution has been completed, the prothonotary shall notify the expropriating party and the expropriated party and the latter may withdraw the surplus, if any.
The registrar shall cancel any registered real rights when it appears by a certificate of the prothonotary that the distribution of the provisional indemnity has extinguished all debts.
1983, c. 21, s. 12; 1988, c. 84, s. 700; 1990, c. 85, s. 122; 1996, c. 2, s. 681.