15. Any road under the Minister’s or a municipality’s management that is crossed or bordered by tracks for the Network’s tramway, and any immovable under the Minister’s or a municipality’s authority that is deemed necessary by the Minister or municipality, as applicable, for the Minister’s or municipality’s purposes, are subject, without indemnity, to a servitude affecting the site required for the Network project or the operation, alteration or extension of the Network, from the making of an agreement specifying the terms and conditions of the servitude.
During the Network’s project phase, the agreement is entered into by Ville de Québec, the Société de transport de Québec and, as applicable, the Minister or municipality. Once the Network is operational, the agreement is entered into by the Société and, as applicable, the Minister or municipality.
Once the agreement has been entered into, Ville de Québec and the Société may publish the servitude in the land register. Ville de Québec, during the Network’s project phase, or the Société, once the Network is operational, is required to publish the servitude if (1) the management of the road devolves to the Minister or a municipality under 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 or municipality, as applicable, must inform the Sociéte without delay, and must inform Ville de Québec during construction of the Network, of a devolution, closure or disposition referred to in the third 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 Network.
2019, c. 152019, c. 15, s. 15.