Marginal note:Right to compensation
25 (1) Compensation is to be paid by the Crown to each person who, immediately before the registration of a notice of confirmation, was the owner or holder of an estate, interest or right in the land to which the notice relates, to the extent of their expropriated interest or right, the amount of which compensation is equal to the aggregate of
(a) the value of the expropriated interest or right at the time of its taking, and
(b) the amount of any decrease in value of the remaining property of the owner or holder, as determined under 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 or right is,
(a) if an election is made under subsection (3) by the owner or holder of the interest or right, the time specified by the owner or holder in their election; and
(b) in any other case, the time when the notice of confirmation was registered.
Marginal note:Election to have the value of the interest or right determined
(3) If 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 90 days after the day on which the notice is registered, that person may, at any time before any compensation is paid to them in respect of any expropriated interest or right of which they were the owner or holder immediately before the registration of the notice of confirmation, elect to have the value of the interest or right determined, as specified by them in their election, 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 them.
- R.S., 1985, c. E-21, s. 25
- 2011, c. 21, s. 142
- Date modified: