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 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.

Compensation in Land or in Money. In the case of a servitude recognized not to be of direct benefit to the Category I I-N lands or to the lnuit CommunityNaskapis of Québec and except as otherwise provided in subparagraph 5.1.6.1, there shall be compensation in an equal amount area of lands or, at the option of the lnuitNaskapis of Québec, in an amount of money, or partially by an amount of money and/or and partially by lands. However, such compensation shall be by replacement of land lands only when such servitudes effectively withdraw portions of the Category I I-N lands from the use or enjoyment of the lnuit Community concernedNaskapis of Québec. If the Inuit Community Corporation chooses Naskapis of Québec choose compensation in the form of landlands, the lnuit Community Corporation Naskapis of Québec shall indicate its their selection preference to Québec after notification by Québec of a as soon as the decision to proceed with the proposed public servitudeservitude is taken. If necessary, Québec shall then propose to the lnuit Community CorporationNaskapis of Québec, taking into consideration their preference, and in conformity with the lnuit Community Corporation's preferencegeneral provisions with respect to servitudes provided for in subparagraph 5.1.6.1, an area with similar characteristics to the Category I lands takencharacteristics, insofar as is possible, to the Category I-N lands and contiguous to the location of the Category I I-N lands subject to the servitude. Such area proposed as replacement land shall be double the size of the land lands to be replaced. The community Naskapis of Québec shall be then entitled to choose from this area a piece of land equal in size to that land taken away 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 land 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 land lands 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 land lands within the period of one hundred and twenty (120) days and provided there is no contestation of the right to take acquire the servitude, the compensation would then have to take the form of money. If there is no agreement between the lnuit Community Corporation Naskapi community and Québec respecting the determination of what is direct benefit to an lnuit Community the Naskapis of Québec or if the lnuit Community CorporationNaskapis of Québec, instead of compensation in the form of land, chooses 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 fixed made by the Expropriation Tribunal of 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 Category I lands or to the lnuit CommunityCree community, there shall be compensation in an equal amount of lands land or, at the option of the lnuitCrees, in an amount of money and/or landsland. 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 Cree community concerned. If the Inuit Community Corporation Cree community chooses compensation in the form of land, the lnuit Community Corporation Cree community shall indicate its selection preference to Québec after notification by Québec of a as soon as the decision to proceed with the proposed public servitudeservitude is taken. If necessary, Québec shall then propose to the lnuit Community Corporation, Cree community taking into consideration the lnuit Community CorporationCree community's preference, an area with similar characteristics to the Category I lands takencharacteristics, insofar as is possible, to Category I lands 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 effectively 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 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 acquire the servitude, the compensation would then have to take the form of money. If there is no agreement between the lnuit Community Corporation Cree community and Québec respecting the determination of what is direct benefit to an lnuit Community a community or if the lnuit Community Corporationcommunity, 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 whether to whether the servitude is be 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.