12. Notwithstanding section 11, any surplus immovable property, of 5 ha or more, located in an agricultural zone and including an access to a public road, is, first, the subject of a public call for tenders with the farm producers.
For the purposes of this section,
“public road” means any road that has become the property of a municipality in accordance with section 72 of the Municipal Powers Act (chapter C-47.1), any street or road opened pursuant to a municipal by-law, resolution or procès-verbal, any road referred to in section 6 of the Act respecting roads (chapter V-9) and any road referred to in sections 51 and 52 of that Act, provided that abutters have a right of access to it;
“farm producer” means any person referred to in subparagraph j of the first paragraph of section 1 of the Farm Producers Act (chapter P-28), whose agricultural operation is the subject of a valid registration in accordance with the Regulation respecting the registration of agricultural operations and the reimbursement of real estate taxes and compensations (chapter M-14, r. 1).