R-25.02 - Act respecting the Réseau électrique métropolitain

Section 34 Disposition versions

2017-09-27

34. Any road under the Minister’s management that is crossed or bordered by the REM, and any immovable under the Minister’s authority and deemed necessary by the Minister for his or her purposes, are subject, without indemnity, to a servitude affecting the site required for the REM from the making of an agreement between the Fund and the Minister that specifies the terms and conditions of the servitude.

Once the agreement has been entered into, the Fund may publish the servitude in the land register. The Fund is required to publish it if

(1)  the management of the road devolves to a municipality under section 3 of the Act respecting roads (chapter V-9);

(2)  the road is permanently closed; or

(3)  the servient land is disposed of without having been included in a road’s right of way.

The Minister must inform the Fund without delay of a devolution, closure or disposition referred to in the second paragraph.

Registration of the servitude is obtained by filing a notice that describes the site of the servitude, states its terms and conditions and refers to this section.

In all cases, the servitude is extinguished with the dismantling of the REM.

2017, c. 17, s. 34.