On the basis of the tramway route currently available, you may be affected by the implementation of the structuring public transit network and by its resulting work. Here are the answers to the most frequently asked questions about the Tramway project.
How do I know if the offer I received from the City is suitable and what recourse do I have if I disagree with this offer?
The expertise of a chartered appraiser specializing in expropriation will allow you to validate whether the compensation offered by the City does indeed cover the acquisition of the property required by the City as well as all damages (including, among other things, disturbances, annoyances and travel expenses to the notary’s office) caused by the expropriation. Appraiser’s professional fees are generally reimbursed in whole or in part by the expropriator (the City).
If I have received a notice of expropriation, am I obliged to systematically accept the City’s offer?
The answer is no. Even if an agreement has not been reached prior to the notice of expropriation, negotiations can continue. However, if no agreement is possible after several negotiation sessions, the file will have to go to the Tribunal administratif du Québec, which will determine the final compensation to be paid to the expropriated party by the expropriator.
If the offer received from the City does not satify me, do I have to go to court to have the amount of compensation determined?
The answer is no. Negotiation between the parties is always recommended before scheduling a court hearing. A conciliation session before an administrative judge may even be considered. To be ready to negotiate, a lawyer and a chartered appraiser will be your best allies. They can guide you through the negotiations and, in the event that they are not successful, they can represent you or act as an expert witness before the court.
What am I entitled to if I am expropriated?
Expropriation is not about market value, but about compensation. This compensation includes both real estate compensation, such as land, improvements (lawn, trees, etc.) and buildings, and incidental compensation (damages). They vary from one owner to another depending on each case, which is why we speak of “value to the owner” and not market value. It is therefore possible in expropriation that the offer presented to your neighbour may be different even if his or her property is similar to yours.
How much time do I have to find another residence if I am totally expropriated?
Generally, you will have a minimum of 12 months following the notice of expropriation to find another residence, since a municipality’s notice of transfer of ownership cannot be sent before this period. The transfer notice mentions the date of possession, which cannot be less than 15 days following its receipt. For a building that would be, even partially, commercial, industrial or agricultural, this delay is then 18 months minimum.
The right-of-way of the public road is very close to my residence. Does the City have to compensate me for this?
In the event that the legal margin is no longer respected following the City’s acquisition, the expropriating body must actually offer you compensation for the damage caused by the proximity of the right-of-way. A method of calculation recognized by the courts makes it possible to precisely determine the compensation to which you may be entitled.
Can I contest the City’s right to expropriate?
Unfortunately no. The specific law applicable to the Tramway project prevents the right of expropriation from being contested. This does not mean that you will not have to go before the Tribunal administratif du Québec to defend your rights and obtain the best possible compensation for your expropriation.
What should I do if I receive a notice of expropriation?
You will then have 15 days to appear before the Tribunal administratif du Québec and denounce the tenants and occupants in good faith who may be occupying your property. It is then recommended that you consult a lawyer so that he or she can properly advise you on the upcoming proceedings, which include receiving a detailed offer of compensation and claim for compensation.
