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Ann: Vesting orders granted for Touquoy surface t, page-2

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  1. 4,149 Posts.
    re: Ann: Vesting orders granted for Touquoy s... Do we only have to give him 75% of 300k now?
    Offer to registered owner if no agreement
    13. (1) In this Section, "registered owner" means a known registered owner.
    (2) Where no agreement as to compensation has been made with the owner, the expropriating authority shall, within ninety days after the deposit of the expropriation document under Section 11 and before taking possession of the land, serve upon the registered owner
    (a) a true copy of the expropriation documents;
    (b) an offer of an amount in full compensation for his interest; and
    (c) where the registered owner is not a tenant, a statement of the total compensation being offered for all interests in the land,
    excepting compensation for business loss for which the determination is postponed under subsection (1) of Section 29.
    (3) The expropriating authority shall base its offer of compensation made under subsection (2) upon a report appraising the market value of the lands being taken and damages for injurious affection, and shall serve a copy of the appraisal report upon the owner at the time the offer is made.

    Payment
    16. (1) Where an offer of full compensation has been made to a person under this Act and that person accepts the offer, the full amount thereof shall forthwith upon acceptance of the offer be paid to that person.
    (2) If the registered owner under Section 13 or the owner under Section 15 does not accept the offer of the amount of full compensation made, then the statutory authority shall immediately pay to him seventy-five per cent thereof without prejudice to the right of that person to claim additional compensation in respect of the expropriation.
    (3) If the amount paid pursuant to subsection (2) exceeds the amount of compensation as determined by the Board, the Board shall order the registered owner to pay the excess to the expropriating authority and, upon such order being made, the registered owner shall pay the excess to the expropriating authority. R.S., c. 156, s. 16; 1995-96, c. 19, s. 3.

 
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