Acts and Regulations

E-14 - Expropriation Act

Section 22
Disposition versions

Full text
Possession of land by expropriating authority
22(1)An expropriating authority in whom title to land has vested under subsection 19(8) or an expropriating authority in whom the administration and control of land has vested under subsection 19(8.1) may take physical possession of or make use of the land
(a) as of the date of registration of the notice of expropriation, if at that time no owner is in occupation of the land,
(b) at such time, if any, after the registration of the notice of expropriation as physical possession or use of the land is voluntarily given up to the expropriating authority by all owners in occupation of the land, or
(c) subject of section 37, at such date as is specified in a notice of possession which the expropriating authority may serve upon each owner in occupation of the land at the date of registration of the notice of expropriation, but subject to subsections (2) and (3), the date shall not be sooner than ninety days after the date of registration of the notice of expropriation.
22(2)A registered owner or an expropriating authority may, upon such notice as the Court directs, apply to the Court for an adjustment of the date for possession specified in the notice of possession, and the Court, if it considers that the application should be granted, may order that the date for possession be on such earlier or later date as it may specify in the order.
22(3)Where the Lieutenant-Governor in Council is of the opinion that the physical possession or use of any land expropriated by an expropriating authority is urgently required in the public interest, he may, notwithstanding subsections (1) and (2) and subsection 37(1), by order authorize the expropriating authority to take physical possession of the land or to use the land to the extent specified in the order and as of the date therein specified.
22(4)Where an owner remains in occupation of land after title therein has vested in the expropriating authority under subsection 19(8) or the administration and control thereof has vested in the expropriating authority under subsection 19(8.1) he shall be deemed to be a tenant of the expropriating authority for such period as he remains or is entitled to remain in occupation pursuant to subsection (1).
1973, c.6, s.22; 1975, c.21, s.6
Possession of land by expropriating authority
22(1)An expropriating authority in whom title to land has vested under subsection 19(8) or an expropriating authority in whom the administration and control of land has vested under subsection 19(8.1) may take physical possession of or make use of the land
(a) as of the date of registration of the notice of expropriation, if at that time no owner is in occupation of the land,
(b) at such time, if any, after the registration of the notice of expropriation as physical possession or use of the land is voluntarily given up to the expropriating authority by all owners in occupation of the land, or
(c) subject of section 37, at such date as is specified in a notice of possession which the expropriating authority may serve upon each owner in occupation of the land at the date of registration of the notice of expropriation, but subject to subsections (2) and (3), the date shall not be sooner than ninety days after the date of registration of the notice of expropriation.
22(2)A registered owner or an expropriating authority may, upon such notice as the Court directs, apply to the Court for an adjustment of the date for possession specified in the notice of possession, and the Court, if it considers that the application should be granted, may order that the date for possession be on such earlier or later date as it may specify in the order.
22(3)Where the Lieutenant-Governor in Council is of the opinion that the physical possession or use of any land expropriated by an expropriating authority is urgently required in the public interest, he may, notwithstanding subsections (1) and (2) and subsection 37(1), by order authorize the expropriating authority to take physical possession of the land or to use the land to the extent specified in the order and as of the date therein specified.
22(4)Where an owner remains in occupation of land after title therein has vested in the expropriating authority under subsection 19(8) or the administration and control thereof has vested in the expropriating authority under subsection 19(8.1) he shall be deemed to be a tenant of the expropriating authority for such period as he remains or is entitled to remain in occupation pursuant to subsection (1).
1973, c.6, s.22; 1975, c.21, s.6