Expropriation Act

Version of section 27 from 2011-11-29 to 2020-11-17:


Marginal note:Decrease in value of remaining property where severance

  •  (1) The amount of the decrease in value, if any, of the remaining property of an owner or holder is the value of all of their interests in land or immovable real rights immediately before the time of the taking of the expropriated interest or right, determined as provided in section 26, minus the aggregate of

    • (a) the value of the expropriated interest or right, and

    • (b) the value of all their remaining interests in land or immovable real rights immediately after the time of the taking of the expropriated interest or right.

  • Marginal note:Factors to consider in determining change in value of remaining property

    (2) For the purpose of paragraph (1)(b), the value of the owner’s or holder’s remaining interests in land or immovable real rights immediately after the time of the taking of the expropriated interest or right is to be determined as provided in section 26, except that, in determining that value, account is to be taken of any increase or decrease in the value of any remaining interests in land or immovable real rights that immediately before the registration of the notice of confirmation were held by the owner or holder together with the expropriated interest or right, resulting from the construction or use or anticipated construction or use of any public work on the land to which the notice relates or from the use or anticipated use of that land for any public purpose.

  • R.S., 1985, c. E-21, s. 27
  • 2011, c. 21, s. 142
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