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Value to the owner

The value to the owner is the value sought when a property is expropriated, and ownership of the property has to be restored to the expropriated owner. Thus, it consists of the amount paid in compensation for losses resulting from expropriation, plus the value according to the owner.

Expropriation is an aspect of common law enabling public authorities to take possession of a property to carry out public works. Since it involves forced dispossession, under these circumstances, the expropriated owner is not paid the sales price of the property, but receives compensation for resulting damages.

As such, compensation is calculated in two parts: the value of the expropriated property (principal compensation) and compensation for damages resulting directly from expropriation (subsidiary compensation).

To determine the value of the expropriated property, it is necessary to consider its suitability value (special value to the expropriated person). The true value sought during expropriation is the property value for the expropriated owner. The suitability value generally exceeds the market value, as it includes the market value of the property as well as the owner’s own valuation.

Added to the expropriated value is the sum required to compensate the expropriated owner for any other damages directly resulting from expropriation.

You may consult our appraisers at HPDG to better understand the range of values involved in expropriation. An appraisal report will provide a clear and detailed indication of the compensation you are entitled to. As such, it will serve as a key tool for negotiating compensation or, if applicable, for lodging an appeal with the Tribunal administratif du Québec (Quebec’s Administrative Tribunal).