E-25 - Act respecting expropriation

Section 9 Disposition versions

2023-12-29

9. The expropriating party serves on the holder of a right in the expropriated immovable a notice of expropriation containing, in particular,

(1)  the description of the expropriated immovable;

(2)  the right that is to be acquired by expropriation;

(3)  if the right is a dismemberment of the right of ownership,

(a)  the nature of the dismemberment,

(b)  the duration of the dismemberment, and

(c)  if applicable, the rights and conditions related to the exercise of the dismemberment;

(4)  a precise statement of the purposes of the expropriation;

(5)  the vacancy date; and

(6)  the information text established by the Minister of Transport.

The notice of expropriation must be accompanied by an extract from the cadastre of Québec showing the expropriated immovable if the expropriated right concerns a whole lot situated in a territory that has been the subject of a cadastral renewal or, in any other case, by a plan of the expropriated immovable signed by a land surveyor.

The notice of expropriation must also be accompanied by the expropriating party’s initial detailed declaration, which at a minimum indicates the market value of the expropriated right, and by the model of response established by the Tribunal and published on its website.

Within the meaning of this Act, “vacancy date” means the date on which all the divested parties must have vacated the expropriated immovable.

2023, c. 27, s. 9.

See the Information text established by the Minister of Transport and Sustainable Mobility, see M.O. 2023-31, 2023-12-27, (2023) 155 G.O. 2, 3433A.

Not in force

In force: 2023-12-29

9. The expropriating party serves on the holder of a right in the expropriated immovable a notice of expropriation containing, in particular,

(1)  the description of the expropriated immovable;

(2)  the right that is to be acquired by expropriation;

(3)  if the right is a dismemberment of the right of ownership,

(a)  the nature of the dismemberment,

(b)  the duration of the dismemberment, and

(c)  if applicable, the rights and conditions related to the exercise of the dismemberment;

(4)  a precise statement of the purposes of the expropriation;

(5)  the vacancy date; and

(6)  the information text established by the Minister of Transport.

The notice of expropriation must be accompanied by an extract from the cadastre of Québec showing the expropriated immovable if the expropriated right concerns a whole lot situated in a territory that has been the subject of a cadastral renewal or, in any other case, by a plan of the expropriated immovable signed by a land surveyor.

The notice of expropriation must also be accompanied by the expropriating party’s initial detailed declaration, which at a minimum indicates the market value of the expropriated right, and by the model of response established by the Tribunal and published on its website.

Within the meaning of this Act, “vacancy date” means the date on which all the divested parties must have vacated the expropriated immovable.

2023, c. 27, s. 9.

See the Information text established by the Minister of Transport and Sustainable Mobility, see M.O. 2023-31, 2023-12-27, (2023) 155 G.O. 2, 3433A.