First Nations Land Management Act

Version of section 28 from 2008-02-01 to 2012-06-28:

Marginal note:Expropriation by a first nation
  •  (1) A first nation may, in accordance with the general rules and procedures contained in its land code, expropriate any interest or right in its first nation land that, in the opinion of its council, is necessary for community works or other first nation community purposes.

  • Marginal note:Exception

    (2) An interest or right in first nation land obtained under section 35 of the Indian Act or held by Her Majesty is not subject to expropriation by a first nation.

  • Marginal note:Effective date

    (3) An expropriation takes effect from the day on which a notice of expropriation is registered in the First Nation Land Register or the thirtieth day after the day on which the notice is served on the person whose interest or right is expropriated, whichever is the earlier.

  • Marginal note:Effect of expropriation

    (4) An expropriated interest becomes the property of the first nation free of any previous claim or encumbrance. In Quebec, a first nation becomes the holder of an expropriated right free of any previous right, charge or claim.

  • Marginal note:Compensation

    (5) A first nation shall pay fair compensation to the holder of an expropriated interest or right and, in determining that compensation, the first nation shall apply the rules set out in the Expropriation Act, with such modifications as the circumstances require.

  • Marginal note:Resolution of disputes

    (6) Any dispute concerning compensation shall be determined according to the system for the resolution of such disputes established by a first nation in accordance with the Framework Agreement.

  • 1999, c. 24, s. 28;
  • 2007, c. 17, s. 11.
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