260. No public institution may, without having obtained the advice of the agency concerned and prior authorization from the Minister and from the Conseil du trésor,
(1) acquire, alienate, charge with a servitude or hypothecate an immovable;
(2) build, enlarge, develop, convert, demolish, rebuild or make major repairs to its immovables, except in the cases provided for in paragraph 3 of section 263.
A public institution is not subject to the first paragraph as regards the disposition of any one of the following immovable real rights:
(1) a superficiary right and the servitudes of right-of-way or support required by a public utility, a municipality or any other organization working in the general interest for the purposes of a cable telecommunications network, water distribution network, electric power line, petroleum product pipeline or waste water disposal system;
(2) a superficiary right and the servitudes of water, snow and ice runoff required to legalize an encroachment resulting from the construction of a roof erected in contravention of the prescriptions of article 983 of the Civil Code;
(3) a superficiary right and the rights of use required to legalize a minor encroachment in accordance with article 992 of the Civil Code;
(4) a servitude required to legalize an existing view not in conformity with the prescriptions of article 993 of the Civil Code.
A private institution under agreement is subject to the first paragraph, except to charge with a servitude or hypothecate an immovable or to dispose of one of the immovable real rights mentioned in the second paragraph.
1991, c. 42, s. 260; 1998, c. 39, s. 81; 2005, c. 32, s. 227.