This new bill, which modernizes the old law that dates back about forty years, will allow cities and the state to make significant savings during expropriations related to infrastructure projects or government purchases of land.
For us, it’s music to our ears
declared Tuesday morning the mayor of Montreal and the president of the Metropolitan Community of Montreal (CMM), Valérie Plante, who met the media in the company of the president of the UMQ, Martin Damphousse.
” At both CMM and UMQ level, this is something we have been asking for for a very very long time to give us oxygen and the means for our ambitions. »
If I can give you a very specific example, explained Martin Damphousse. There are several golf course owners who would like to assess the land for future subdivision. […] Very often it’s park-golf zoning, but people estimate the market value based on future zoning, so they’re talking about 300, 400, 500 million.
The new law on expropriation is going to define that it is according to today’s real value. Right there, the difference is big
thinks the chairman ofUMQ.
Following the logic of the current laws, the bill on expropriations as part of the extension of the blue line of the Montreal metro costs four times more than expectedor $1.2 billion instead of just over $300 million.
Many lands had to be expropriated in the eastern part of Montreal to allow the extension of the Blue Line of the Montreal metro. Several have been challenged by owners.
Photo: Radio-Canada / Jean-Sebastien Cloutier
All the money that was paid out based on merchant potential
of this land could have been laid elsewhere, Valérie Plante emphasizes in passing, for whom it was the right thing to do
.
It goes without saying that the public authorities’ savings on future projects or the purchase of land to create parks or protected areas will be significant. It will be very useful for future projects.
assured the mayor.
Quebec is the last province in Canada where the interpretation of the Expropriation Act adjusts compensation to owners according to the expected value of their land.
Infringement of property rights
An opinion that does not share the members of the Urban Development Institute of Quebec (IDU), for whom a reduction in compensation for owners will undermine Quebec’s economic attractiveness
.
Founded in 1987IDU is the main representative of the commercial real estate industry in Quebec.
According to former minister Jean-Marc Fournier, now managing director of the institute, despite a different vocabulary, compensation after expropriation is treated in the same way in Quebec as in the other provinces
.
In an analysis carried out by the Cercle juridique de l’IDU in September 2022, the authors acknowledge that the current law on expropriations may indeed be amended to speed up the expropriation process and create more equity between the expropriator and the expropriated
.
But I’IDU disagrees with the request fromUMQ to reform the law with regard to the rules for compensation to the expropriated. These claims constitute a fundamental violation of property rights and of the expropriated party’s right to fair and reasonable compensation.
we can read in the document.
The power of the state to appropriate the property of its citizens without their consent is one of the most serious powers that the state can exercise over its citizens.
analysts ofIDU.
For these are unilateral nature of the expropriating party’s action
must be taken into account and reasonably taken into account in the compensation to the expropriated.
Every change [à la loi] which would not allow full compensation to the expropriated party, would be legal abuse, would reduce the value of the property right and would undermine Quebec’s economic attractiveness
finishesIDU.
