Soldier Settlement Act — S-12.8 41
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. 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. 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. 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. 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. 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. 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 decla