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E-24 - Expropriation Act

Section 54
Disposition versions

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54. The Superior Court may, on application by the expropriating party, authorize the transfer of title before the expiry of the 90 days provided for in section 53.2 if there is for the expropriating party an urgency of such a nature that any delay in transfer of title would entail considerable prejudice to him, provided that the expropriated party, lessee or occupant in good faith does not suffer any irreparable prejudice thereby and that the provisional indemnity is paid or deposited. The application is heard and decided by preference and the decision rendered is final.
The registration in the land register of the judgment authorizing the transfer of title of the expropriated property allows the expropriating party to take possession of it.
1973, c. 38, s. 53; 1975, c. 47, s. 3; 1983, c. 21, s. 12; 1999, c. 40, s. 131; 2000, c. 42, s. 171; I.N. 2016-01-01 (NCCP).
54. The Superior Court may, on a motion by the expropriating party, authorize the transfer of title before the expiry of the 90 days provided for in section 53.2 if there is for the expropriating party an urgency of such a nature that any delay in transfer of title would entail considerable prejudice to him, provided that the expropriated party, lessee or occupant in good faith does not suffer any irreparable prejudice thereby and that the provisional indemnity is paid or deposited. The motion is heard and decided by preference and the decision rendered is final.
The registration in the land register of the judgment authorizing the transfer of title of the expropriated property allows the expropriating party to take possession of it.
1973, c. 38, s. 53; 1975, c. 47, s. 3; 1983, c. 21, s. 12; 1999, c. 40, s. 131; 2000, c. 42, s. 171.
54. The Superior Court may, on a motion by the expropriating party, authorize the transfer of title before the expiry of the 90 days provided for in section 53.2 if there is for the expropriating party an urgency of such a nature that any delay in transfer of title would entail considerable prejudice to him, provided that the expropriated party, lessee or occupant in good faith does not suffer any irreparable prejudice thereby and that the provisional indemnity is paid or deposited. The motion is heard and decided by preference and the decision rendered is final.
The registration in the registry office of the judgment authorizing the transfer of title of the expropriated property allows the expropriating party to take possession of it.
1973, c. 38, s. 53; 1975, c. 47, s. 3; 1983, c. 21, s. 12; 1999, c. 40, s. 131.
54. The Superior Court may, on a motion by the expropriating party, authorize the transfer of title before the expiry of the 90 days provided for in section 53.2 if there is for the expropriating party an urgency of such a nature that any delay in transfer of title would entail considerable prejudice to him, provided that the expropriated party, lessee or occupant in good faith does not suffer any irreparable prejudice thereby and that the provisional indemnity is paid or deposited. The motion is heard and decided by preference and the decision rendered is final.
The registration by deposit of the judgment authorizing the transfer of title of the expropriated property allows the expropriating party to take possession of it.
1973, c. 38, s. 53; 1975, c. 47, s. 3; 1983, c. 21, s. 12.
54. When the expropriated property is affected by registered real rights, the expropriating party may deposit in the office of the Superior Court the amount of the indemnity with, in addition, one year’s interest. Such real rights shall be discharged by registration of the receipt for such deposit, as shall be actions in dissolution, in revendication and other real actions which shall be converted into mere claims against the expropriated party.
The registrar must cancel the rights so discharged.
The prothonotary shall forthwith give notice of such deposit to the secretary-treasurers of the municipal and school corporations within whose territory the expropriated property is situated and, moreover, shall procure from the registrar the certificate contemplated by articles 703 to 707 of the Code of Civil Procedure, paying the cost of it out of the amount deposited.
The amount deposited shall be distributed to the creditors according to the rules provided in the case of a seizure in execution of immoveable property without however any collection of law costs and, if the amount to be distributed does not exceed $1,000, without the formality of a scheme of collocation. The claim of the expropriated party shall be assimilated to that of a vendor.
1973, c. 38, s. 53; 1975, c. 47, s. 3.
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