Compensation in Land or in Money Sample Clauses

Compensation in Land or in Money. In the case of a servitude recognized not to be of direct benefit to Category I lands or to the lnuit Community, there shall be compensation in an equal amount of lands or, at the option of the lnuit, in an amount of money and/or lands. However, such compensation shall be by replacement of land only when such servitudes effectively withdraw portions of Category I lands from the use or enjoyment of the lnuit Community concerned. If the Inuit Community Corporation chooses compensation in the form of land, the lnuit Community Corporation shall indicate its selection preference to Québec after notification by Québec of a decision to proceed with the proposed public servitude. If necessary, Québec shall then propose to the lnuit Community Corporation, taking into consideration the lnuit Community Corporation's preference, an area with similar characteristics to the Category I lands taken, insofar as is possible, and contiguous to the location of the Category I lands subject to the servitude. Such area proposed as replacement land shall be double the size of the land to be replaced. The community shall be then entitled to choose from this area a piece of land equal in size to that land taken away for the purposes of the public servitude. This procedure will precede the taking of land for a servitude or any construction related to the servitude. However, a time limit of one hundred and twenty (120) days shall be allowed for this procedure, provided that the taking of the land for the servitude or any construction related to the servitude may proceed after sixty (60) days. if there is no agreement on the choice of the replacement land within the period of one hundred and twenty (120) days and provided there is no contestation of the right to take the servitude, the compensation would then have to take the form of money. If there is no agreement between the lnuit Community Corporation and Québec respecting the determination of what is direct benefit to an lnuit Community or if the lnuit Community Corporation, instead of compensation in the form of land, chooses compensation in the form of money and the parties are unable to agree as to what is adequate compensation, the decision as to whether the servitude is of direct benefit and the amount of compensation shall be fixed by the Expropriation Tribunal of Québec. unless the parties agree to submit the matter to binding arbitration.
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Related to Compensation in Land or in Money

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