Common use of Compensation in Land or in Money Clause in Contracts

Compensation in Land or in Money. In the case of a servitude recognized not to be of direct benefit to the Category I-N lands or to the Naskapis of Québec and except as otherwise provided in subparagraph 5.1.6.1, there shall be compensation in an equal area of lands or, at the option of the Naskapis of Québec, in an amount of money, or partially by an amount of money and partially by lands. However, such compensation shall be by replacement of lands only when such servitudes effectively withdraw portions of the Category I-N lands from the use or enjoyment of the Naskapis of Québec. If the Naskapis of Québec choose compensation in the form of lands, the Naskapis of Québec shall indicate their selection preference to Québec as soon as the decision to proceed with the proposed public servitude is taken. If necessary, Québec shall then propose to the Naskapis of Québec, taking into consideration their preference, and in conformity with the general provisions with respect to servitudes provided for in subparagraph 5.1.6.1, an area with similar characteristics, insofar as is possible, to the Category I-N lands and contiguous to the location of the Category I-N lands subject to the servitude. Such area proposed as replacement shall be double the size of the lands to be replaced. The Naskapis of Québec shall be then entitled to choose from this area a piece of land equal in size to the lands effectively withdrawn for the purposes of the public servitude and contiguous to the Category I-N lands subject to the servitude. This procedure will precede the taking of lands 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 lands 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 lands within the period of one hundred and twenty (120) days and provided there is no contestation of the right to acquire the servitude, the compensation would have to take the form of money. If there is no agreement between the Naskapi community and Québec respecting the determination of what is direct benefit to the Naskapis of Québec or if the Naskapis of Québec, instead of compensation in the form of land, choose 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 as to the amount of compensation shall be made by the Tribunal d’expropriation du Québec, unless the parties agree to submit the matter to binding arbitration.

Compensation in Land or in Money. In the case of a servitude recognized not to be of direct benefit to the Category I-N I lands or to the Naskapis of Québec and except as otherwise provided in subparagraph 5.1.6.1lnuit Community, there shall be compensation in an equal area amount of lands or, at the option of the Naskapis of Québeclnuit, in an amount of money, or partially by an amount of money and partially by and/or lands. However, such compensation shall be by replacement of lands land only when such servitudes effectively withdraw portions of the Category I-N I lands from the use or enjoyment of the Naskapis of Québeclnuit Community concerned. If the Naskapis of Québec choose Inuit Community Corporation chooses compensation in the form of landsland, the Naskapis of Québec lnuit Community Corporation shall indicate their its selection preference to Québec as soon as the after notification by Québec of a decision to proceed with the proposed public servitude is takenservitude. If necessary, Québec shall then propose to the Naskapis of Québeclnuit Community Corporation, taking into consideration their the lnuit Community Corporation's preference, and in conformity with the general provisions with respect to servitudes provided for in subparagraph 5.1.6.1, an area with similar characteristicscharacteristics to the Category I lands taken, insofar as is possible, to the Category I-N lands and contiguous to the location of the Category I-N I lands subject to the servitude. Such area proposed as replacement land shall be double the size of the lands land to be replaced. The Naskapis of Québec community shall be then entitled to choose from this area a piece of land equal in size to the lands effectively withdrawn that land taken away for the purposes of the public servitude and contiguous to the Category I-N lands subject to the servitude. This procedure will precede the taking of lands 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 lands land for the servitude or any construction related to the servitude may proceed after sixty (60) days. If if there is no agreement on the choice of the replacement lands land within the period of one hundred and twenty (120) days and provided there is no contestation of the right to acquire take the servitude, the compensation would then have to take the form of money. If there is no agreement between the Naskapi community lnuit Community Corporation and Québec respecting the determination of what is direct benefit to the Naskapis of Québec an lnuit Community or if the Naskapis of Québeclnuit Community Corporation, instead of compensation in the form of land, choose 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 as to the amount of compensation shall be made fixed by the Expropriation Tribunal d’expropriation du of Québec, . unless the parties agree to submit the matter to binding arbitration.

Compensation in Land or in Money. In the case of a servitude recognized not to be of direct benefit to the Category I-N I lands or to the Naskapis of Québec and except as otherwise provided in subparagraph 5.1.6.1Cree community, there shall be compensation in an equal area amount of lands land or, at the option of the Naskapis of QuébecCrees, in an amount of money, or partially by an amount of money and partially by landsand/or land. However, such compensation shall be by replacement of lands land only when such servitudes effectively withdraw portions of the Category I-N I lands from the use or enjoyment of the Naskapis of QuébecCree community concerned. If the Naskapis of Québec choose Cree community chooses compensation in the form of landsland, the Naskapis of Québec Cree community shall indicate their its selection preference to Québec as soon as the decision to proceed with the proposed public servitude is taken. If necessary, Québec shall then propose to the Naskapis of Québec, Cree community taking into consideration their the Cree community's preference, and in conformity with the general provisions with respect to servitudes provided for in subparagraph 5.1.6.1, an area with similar characteristics, insofar as is possible, to the Category I-N I lands and contiguous to the location of the Category I-N I lands subject to the servitude. Such area proposed as replacement shall be double the size of the lands land to be replaced. The Naskapis of Québec community shall be then entitled to choose from this area a piece of land equal in size to the lands that land effectively withdrawn taken away for the purposes of the public servitude and contiguous to the Category I-N lands subject to the servitude. This procedure will precede the taking of lands 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 lands 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 lands land within the period of one hundred and twenty (120) days and provided there is no contestation of the right to acquire the servitude, the compensation would then have to take the form of money. If there is no agreement between the Naskapi Cree community and Québec respecting the determination of what is direct benefit to the Naskapis of Québec a community or if the Naskapis of Québeccommunity, instead of compensation in the form of land, choose chooses compensation in the form of money and the parties are unable to agree as to what is adequate compensation, the decision as whether to whether the servitude is be of direct benefit and as to the amount of compensation shall be made fixed by the Expropriation Tribunal d’expropriation du of Québec, unless the parties agree to submit the matter to binding arbitration.