C-37.2 - Act respecting the Communauté urbaine de Montréal

Section 115 Disposition versions

2001-10-09

115. The Community may acquire by expropriation any immovable, part of an immovable or immovable right, within or without its territory, which it may require for the attainment of its objects.

Notwithstanding any provision to the contrary, the Community may dig a tunnel under any land for its sewer conduits, at a depth of more than 15 metres. As soon as work begins, the Community becomes, without formality or indemnity, but subject to recourse in damages,

(1)  the owner of the volume occupied by the tunnel;

(2)  the owner of a thickness of two metres surrounding the interior concrete wall of the tunnel.

As soon as work begins, the Community shall advise the owner of the lot of the existence of the work and the provisions of this section. In the year following the completion of work, the Community shall deposit in its archives a copy of a plan certified by the head of the department involved, showing the horizontal projection of such tunnel. It shall register such plan at the registry office and the registrar shall mention each lot or part of a lot affected in the land register.

1969, c. 84, s. 101; 1974, c. 82, s. 8; 1982, c. 18, s. 42; 1990, c. 41, s. 83; 1996, c. 2, s. 516; 1999, c. 40, s. 68; 2000, c. 42, s. 140.

1999-10-22

115. The Community may acquire by expropriation any immovable, part of an immovable or immovable right, within or without its territory, which it may require for the attainment of its objects.

Notwithstanding any provision to the contrary, the Community may dig a tunnel under any land for its sewer conduits, at a depth of more than 15 metres. As soon as work begins, the Community becomes, without formality or indemnity, but subject to recourse in damages,

(1)  the owner of the volume occupied by the tunnel;

(2)  the owner of a thickness of two metres surrounding the interior concrete wall of the tunnel.

As soon as work begins, the Community shall advise the owner of the lot of the existence of the work and the provisions of this section. In the year following the completion of work, the Community shall deposit in its archives a copy of a plan certified by the head of the department involved, showing the horizontal projection of such tunnel. It shall register such plan by depositing two copies in the registry office of the registration division of the immovable affected and the registrar shall mention each lot or part of a lot affected in the land register.

1969, c. 84, s. 101; 1974, c. 82, s. 8; 1982, c. 18, s. 42; 1990, c. 41, s. 83; 1996, c. 2, s. 516; 1999, c. 40, s. 68.

1996-05-08

115. The Community may acquire by expropriation any immovable, part of an immovable or immovable right, within or without its territory, which it may require for the attainment of its objects.

Notwithstanding any provision to the contrary, the Community may dig a tunnel under any land for its sewer conduits, at a depth of more than 15 metres. As soon as work begins, the Community becomes, without formality or indemnity, but subject to recourse in damages,

(1)  the owner of the volume occupied by the tunnel;

(2)  the owner of a thickness of two metres surrounding the interior concrete wall of the tunnel.

As soon as work begins, the Community shall advise the owner of the lot of the existence of the work and the provisions of this section. In the year following the completion of work, the Community shall deposit in its archives a copy of a plan certified by the head of the department involved, showing the horizontal projection of such tunnel. It shall register such plan by depositing two copies in the registry office of the registration division of the immovable affected and the registrar shall mention each lot or part of a lot affected in the index of immovables.

1969, c. 84, s. 101; 1974, c. 82, s. 8; 1982, c. 18, s. 42; 1990, c. 41, s. 83; 1996, c. 2, s. 516.

1990-10-25

115. The Community may acquire by expropriation any immovable, part of an immovable or immovable right, within or without the limits of its territory, which it may require for the attainment of its objects.

Notwithstanding any provision to the contrary, the Community may dig a tunnel under any land for its sewer conduits, at a depth of more than 15 metres. As soon as work begins, the Community becomes, without formality or indemnity, but subject to recourse in damages,

(1)  the owner of the volume occupied by the tunnel;

(2)  the owner of a thickness of two metres surrounding the interior concrete wall of the tunnel.

As soon as work begins, the Community shall advise the owner of the lot of the existence of the work and the provisions of this section. In the year following the completion of work, the Community shall deposit in its archives a copy of a plan certified by the head of the department involved, showing the horizontal projection of such tunnel. It shall register such plan by depositing two copies in the registry office of the registration division of the immovable affected and the registrar shall mention each lot or part of a lot affected in the index of immovables.

1969, c. 84, s. 101; 1974, c. 82, s. 8; 1982, c. 18, s. 42; 1990, c. 41, s. 83.

1982-07-11

115. The Community may acquire by expropriation any immoveable, part of an immoveable or immoveable right, within or without the limits of its territory, which it may require for the attainment of its objects.

Notwithstanding any provision to the contrary, the Community may dig a tunnel under any lot for its sewer conduits or for the metro, at a depth of more than fifteen metres or ten metres, respectively. As soon as work begins, the Community becomes, without formality or indemnity, but subject to recourse in damages,

(1)  the owner of the volume occupied by the tunnel;

(2)  the owner of a thickness of two metres surrounding the interior concrete wall of the sewer tunnel, or five metres in the case of the metro tunnel; and

(3)  the holder of a legal servitude established in favour of the volume contemplated in subparagraph 1 and restricting the stress applied to the upper surface of the volume to 250 kilopascals, in the case of a metro tunnel.

As soon as work begins, the Community shall advise the owner of the lot of the existence of the work and the provisions of this section. In the year following the completion of work, the Community shall deposit in its archives a copy of a plan certified by the head of the department involved, showing the horizontal projection of such tunnel. It shall register such plan by depositing two copies in the registry office of the registration division of the immoveable affected and the registrar shall mention each lot or part of a lot affected in the index of immoveables.

1969, c. 84, s. 101; 1974, c. 82, s. 8; 1982, c. 18, s. 42.

0001-01-01

115. The Community may acquire by expropriation any immoveable, part of an immoveable or immoveable right, within or without the limits of its territory, which it may require for the attainment of its objects.

Notwithstanding any provision to the contrary, dig under any lot, at a depth of more than fifty feet, a tunnel for its water and sewer conduits. As soon as work begins, the Community shall become the owner, without any formality or indemnity, subject to any recourse in damages, of the volume occupied by the tunnel and a radius of five feet around it. As soon as work begins, the Community shall advise the owner of the above lot of the existence of the work and the provisions of this section. In the year following the start of work, the Community shall deposit in its archives a copy of a plan certified by the director of the department involved, showing the horizontal projection of such tunnel. It shall register such plan by depositing two copies at the office of the registration division of the immoveable affected and the registrar shall mention each lot or part of lot affected in the index of immoveables.

1969, c. 84, s. 101; 1974, c. 82, s. 8.