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Expropriation

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Dunton Rainville is the ideal partner to assist you in an expropriation case.

Expropriation

Expropriation is the acquisition by a public body of an immovable, a building or land for public use.

This forced dispossession of private property in exchange for compensation is an exorbitant power held by public bodies, such as municipalities, transport companies and governments, for the common good.

The procedures provided for, particularly in the Expropriation Act, are mandatory and must be strictly followed.

Any owner, tenant or occupant may obtain compensation which, in the absence of an agreement between the parties, will be determined by the Administrative Tribunal of Quebec according to concepts intended to restore the owner to an equivalent situation.

The Administrative Tribunal of Quebec has exclusive jurisdiction to determine expropriation compensation, while the Superior Court has jurisdiction to hear challenges to the right to expropriation, which must be decided urgently.

At all stages of the expropriation process, Dunton Rainville can assist you with needs planning, drafting in the negotiation of project impacts, preparing reserve or expropriation notices and determining the right to expropriation (challenges).

Over the years, we have had the opportunity to work on numerous cases involving the expropriation of residential, commercial and vacant land to assert clients’ expropriation rights.

  • Drafting expropriation and reserve notices
  • Challenging the right to expropriation
  • Negotiation of provisional and final compensation
  • Determination of expropriation compensation (owner, developer, tenant, occupant)
  • Strategy development with certified appraisers, urban planners and other experts
  • Representation before the Administrative Tribunal of Quebec