Government of Canada / Gouvernement du Canada
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Expropriation Act

Version of section 25 from 2002-12-31 to 2011-11-28:

Marginal note:Right to compensation

  •  (1) Compensation shall be paid by the Crown to each person who, immediately before the registration of a notice of confirmation, was the owner of a right, estate or interest in the land to which the notice relates, to the extent of his expropriated interest, the amount of which compensation shall be equal to the aggregate of

    • (a) the value of the expropriated interest at the time of its taking, and

    • (b) the amount of any decrease in value of the remaining property of the owner, determined as provided in section 27.

  • Marginal note:Time as of which value to be determined

    (2) For the purposes of this section and sections 26 and 27, the time of the taking of an expropriated interest is,

    • (a) where an election has been made under subsection (3) by the owner thereof, the time specified by him in his election; and

    • (b) in any other case, the time when the notice of confirmation was registered.

  • Marginal note:Election as to time where notice of confirmation not sent until after ninety days from registration

    (3) Where no copy of a notice of confirmation was sent to a person whose name is set out in the report of the Attorney General of Canada referred to in subsection 5(2) or who served an objection on the Minister under section 9 until a time more than ninety days after the registration of the notice, that person may, at any time before any compensation is paid to him in respect of any expropriated interest of which he was the owner immediately before the registration of the notice of confirmation, elect to have the value of the interest determined at either

    • (a) the time when the notice of confirmation was registered, or

    • (b) the time when the copy of the notice of confirmation was sent to him,

    as specified by him in his election.

  • R.S., c. 16(1st Supp.), s. 23

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