Marginal note:Gazetting constitutes a notice and puts interested person upon inquiry as to action of Board Subsequent registrations entail all charges, etc., on land
38. Gazetting as in section thirty-six and thirty-seven of this Act provided shall constitute notice to every person proposing to deal with or acquire any estate or interest in or any charge upon any land within a settlement area that the land is subject to the provisions of this Act, and shall put such person upon inquiry as to the proceedings which may have been taken by the Board, and all subsequent registrations in respect to any parcel of land which is in whole or in part included within such settlement area shall be subject to the rights, options, and privileges of the Board, and the person claiming under any such registration shall take the land subject to all charges and liabilities which have been imposed and to which it may be liable to be subjected under this Act.
- 1919, c. 71, s. 38.
Duties of Owners of Lands Within a Settlement Area
Marginal note:Owner to file return with District Superintendent, within 30 days as per form C
39. Within thirty days after the last gazetting of the establishment of a settlement area, each owner of a block, the whole or any part whereof is situate within the settlement area, shall file with the District Superintendent of the Board having jurisdiction over the district within which such settlement area is situate a return in form C in the schedule to this Act naming the prices at which he is willing to sell the block and each parcel thereof to the Board and shall give such other information with respect to such block as the Board may from time to time prescribe or require.
Marginal note:Board to mail notice to owner stating amount of compensation
2. At any time after the expiration of such thirty days period the Board may, by notice to the owner of any land within the settlement area which is deemed by the Board subject to compulsory purchase under this Act, mailed to his last known address, require such owner to convey to the Board the land with respect to which notice has been so mailed and thereby advise him of the amount of compensation that the Board is willing to pay for such land.
- 1919, c. 71, s. 39.
Marginal note:Statement of all liens, etc., on land to be furnished to Board by person interested
40. Every person who has any estate or interest in any land proposed to be purchased compulsorily for any of the purposes of this Act, or who represents or is the husband of any such person, shall, upon demand made therefor by or on behalf of the Board, furnish to the Board a true statement showing the particulars of such estate and interest and of every charge, lien and encumbrance to which the same is subject, and of the claim made by such person in respect of such estate and interest.
- 1919, c. 71, s. 40.
Procedure for Compulsory Purchase
Marginal note:When Board may purchase land compulsorily
41. If the Board decides to acquire any land within a settlement area and,
(a) the owner refuses to sell;
(b) it appears to the Board that no agreement for sale can be arranged;
(c) no proper deed or conveyance is made and executed by the person having the power to make such deed or conveyance;
(d) a person interested in such land is incapable of making or executing a deed or conveyance; or
(e) for any other reason the Board deems it necessary or advisable;
the Board may purchase such land compulsorily, in the manner hereinafter provided.
Marginal note:On gazetting notice in form D land is vested in Board as an estate of fee simple, and, in Quebec, of absolute ownership
2. The Board shall gazette a notice in form D, describing the land by metes and bounds or otherwise, and stating that it has been compulsorily purchased by the Board and the amount of compensation money that the Board is willing to pay, whereupon the land as described shall by such gazetting and by force of this Act become and remain vested in the Board as for an estate of fee simple in possession or, in the province of Quebec, in the Board as absolute owner, and in any event freed and discharged from all other estates and from all encumbrances, liens, claims and interests whatever, and as effectually as if it had been conveyed by deed or conveyance of all persons entitled to any interest therein, but compensation, ascertained as in this Part provided, shall be paid therefor.
Marginal note:Gazetting a tender of compensation
3. The amount of compensation money mentioned in such notice gazetted shall be deemed to have been by such gazetting and by force of this Act, tendered to the persons entitled to any interest in said land, collectively.
Marginal note:Gazetting proof of conditions complied with
4. The gazetting of the notice in form D shall for all purposes be conclusive proof that all necessary steps and conditions precedent thereto have been duly taken and complied with.
Marginal note:Re-gazetting to correct error in gazetted notice
5. In case of any omission, mis-statement or erroneous description in such gazetting it shall, at the option of the Board, be deemed not to have been made, and a new and correct gazetting which shall indicate the gazetting of which it is the correction, shall be made in its stead, whereupon such new and correct gazetting shall be deemed the only gazetting made and of itself proof for all purposes of the exercise by the Board of the option in this subsection mentioned.
Marginal note:When owner claims compensation inadequate Board may lay information before Federal Court
6. If within sixty days from the date of such gazetting the owner being in the province or in any place in North America, or within one hundred days the owner being elsewhere, no proper deed or conveyance to the Board is made and executed by the person or persons having power to make and execute such deed or conveyance, or if the owner or any person interested in the land, by notice served on the Board before the expiration of the stated period, claims that the compensation tendered by such gazetting is inadequate, the Board may cause to be exhibited in the Court an information in which shall be set forth
(a) the date at which and the manner in which such land was acquired or taken;
(b) the persons, who, at such date, had any estate or interest in such land and the particulars of such estate or interest and of any charge, lien, or encumbrance to which the land was subject, so far as the same can be ascertained;
(c) the sums of money which the Board is ready to pay to such persons respectively, in respect of any such estate, interest, charge, lien or encumbrance; and
(d) any other facts material to the consideration and determination of the questions involved in such proceedings.
Marginal note:Such information deemed institution of suit
7. Such information shall be deemed and taken to be the institution of a suit against the persons named therein, and shall conclude with a claim for such a judgment or declaration as, in the opinion of the Board, the facts warrant.
Marginal note:Ordinary procedure of Court to be followed
8. The information shall be served in like manner as other informations and all proceedings in respect thereof or subsequent thereto shall be regulated by and shall conform as nearly as may be to the procedure in other cases instituted by information in the Court.
Marginal note:Questions of fact or law may be raised in defence
9. Any person who is mentioned in any such information, or who afterwards is made or becomes a party thereto, may, by his answer, exception or defence, raise any question of fact or law incident to the determination of his right to such compensation money or any part thereof, or in respect of the sufficiency of such compensation money.
Marginal note:Such proceedings bar all claims to compensation, etc.
10. Such proceedings shall, so far as the parties thereto are concerned, bar all claims to the compensation money or any part thereof, including any claim of dower, or of dower not yet open, as well as in respect of all mortgages, hypothecs or encumbrances upon the land or property; and the Court shall make such order for the distribution, payment or investment of the compensation money and for the securing of the rights of all persons interested, as to right and justice, according to the provisions of this Act and to law appertain.
- 1919, c. 71, s. 41.
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