E-25 - Act respecting expropriation

Section 133 Disposition versions

2023-12-29

133. When the expropriating party deposits an indemnity in the office of the Superior Court on behalf of the expropriated party, the clerk must obtain from the Land Registrar, at the expense of the expropriating party, the certified statement of the subsisting hypothecs and charges provided for in article 3019 of the Civil Code for the expropriated immovable. However, the expropriated party may take the initiative to provide the necessary documents to the clerk.

The clerk must without delay give notice of the deposit to the municipality, the school service centre or school board responsible for collecting property taxes for the territory in which the expropriated immovable is situated as well as to the other creditors identified in the certified statement. The notice specifies that the creditor must, within one month after notification of the clerk’s request, indicate to the clerk the amount of the creditor’s claim as at the date indicated in the notice.

Where a creditor fails to reply to the clerk within the month after notification of the notice, the creditor’s claim is considered extinguished for the purposes of the collocation.

Where the clerk finds no claim secured by a prior claim or by a hypothec against the expropriated immovable, the expropriated party may withdraw the indemnity. Otherwise, the indemnity is 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 legal costs and, if the amount of the indemnity does not exceed $1,000, without the formality of a collocation scheme.

When the distribution has been completed, the clerk sends the expropriating party and the expropriated party the collocation scheme and a certificate stating, as applicable,

(1)  that no prior claim or hypothec encumbers the expropriated immovable;

(2)  that the distribution of the indemnity has extinguished all claims secured by a prior claim or a hypothec against the expropriated immovable; or

(3)  the claims secured by a prior claim or a hypothec that are extinguished and those that continue to encumber the expropriated immovable.

The expropriated party may then withdraw any remaining balance.

2023, c. 27, s. 133.

Not in force

In force: 2023-12-29

133. When the expropriating party deposits an indemnity in the office of the Superior Court on behalf of the expropriated party, the clerk must obtain from the Land Registrar, at the expense of the expropriating party, the certified statement of the subsisting hypothecs and charges provided for in article 3019 of the Civil Code for the expropriated immovable. However, the expropriated party may take the initiative to provide the necessary documents to the clerk.

The clerk must without delay give notice of the deposit to the municipality, the school service centre or school board responsible for collecting property taxes for the territory in which the expropriated immovable is situated as well as to the other creditors identified in the certified statement. The notice specifies that the creditor must, within one month after notification of the clerk’s request, indicate to the clerk the amount of the creditor’s claim as at the date indicated in the notice.

Where a creditor fails to reply to the clerk within the month after notification of the notice, the creditor’s claim is considered extinguished for the purposes of the collocation.

Where the clerk finds no claim secured by a prior claim or by a hypothec against the expropriated immovable, the expropriated party may withdraw the indemnity. Otherwise, the indemnity is 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 legal costs and, if the amount of the indemnity does not exceed $1,000, without the formality of a collocation scheme.

When the distribution has been completed, the clerk sends the expropriating party and the expropriated party the collocation scheme and a certificate stating, as applicable,

(1)  that no prior claim or hypothec encumbers the expropriated immovable;

(2)  that the distribution of the indemnity has extinguished all claims secured by a prior claim or a hypothec against the expropriated immovable; or

(3)  the claims secured by a prior claim or a hypothec that are extinguished and those that continue to encumber the expropriated immovable.

The expropriated party may then withdraw any remaining balance.

2023, c. 27, s. 133.