E-25 - Act respecting expropriation

Section 167 Disposition versions

2023-12-29

167. During work to construct a tunnel related to a transportation infrastructure project, the person who may carry out an expropriation for that project under the law or, if applicable, anyone on whose behalf a person may expropriate for that project under the law becomes, on commencement of the work, without any formality or indemnity but subject to an application for an indemnity in reparation for the injuries suffered as a result of the transfer of right, the owner of the underground volume if the upper limit of the exterior concrete wall of the tunnel is at least 15 metres underground. In addition, that person or the one on whose behalf a person may expropriate, as applicable, is deemed to hold a legal servitude established in favour of the underground volume and limiting the stress that may be applied to the upper surface of the volume to 250 kilopascals.

The person who undertakes such work must, on its commencement, serve on the holder of a right in the immovable concerned by that work a notice of the existence of the work and of the content of this section.

In the year following completion of the work, the new owner of the underground volume and holder of the servitude deposits in their archives a reproduction of a plan that complies with the requirements of the second paragraph of article 2841 of the Civil Code drawn up by a person the owner has authorized and showing the horizontal projection of the underground volume. The first paragraph of article 3042 of that Code applies, if applicable. The new owner then registers the plan in the Land Registry Office and the Land Registrar must receive the plan and make a notation of it in the land register.

The new owner must serve on the holder of a right in the immovable concerned by a transfer of right under this section a notice informing the right holder of the registration.

2023, c. 27, s. 167.

Not in force

In force: 2023-12-29

167. During work to construct a tunnel related to a transportation infrastructure project, the person who may carry out an expropriation for that project under the law or, if applicable, anyone on whose behalf a person may expropriate for that project under the law becomes, on commencement of the work, without any formality or indemnity but subject to an application for an indemnity in reparation for the injuries suffered as a result of the transfer of right, the owner of the underground volume if the upper limit of the exterior concrete wall of the tunnel is at least 15 metres underground. In addition, that person or the one on whose behalf a person may expropriate, as applicable, is deemed to hold a legal servitude established in favour of the underground volume and limiting the stress that may be applied to the upper surface of the volume to 250 kilopascals.

The person who undertakes such work must, on its commencement, serve on the holder of a right in the immovable concerned by that work a notice of the existence of the work and of the content of this section.

In the year following completion of the work, the new owner of the underground volume and holder of the servitude deposits in their archives a reproduction of a plan that complies with the requirements of the second paragraph of article 2841 of the Civil Code drawn up by a person the owner has authorized and showing the horizontal projection of the underground volume. The first paragraph of article 3042 of that Code applies, if applicable. The new owner then registers the plan in the Land Registry Office and the Land Registrar must receive the plan and make a notation of it in the land register.

The new owner must serve on the holder of a right in the immovable concerned by a transfer of right under this section a notice informing the right holder of the registration.

2023, c. 27, s. 167.