M-36.1 - Act respecting Mobilité Infra Québec

Article 9 Versions de la disposition

2024-12-05

9. Any road under the Minister’s or a municipality’s management that is crossed or bordered by a shared transportation system on rails developed by Mobilité Infra Québec 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 purposes of that shared transportation system, are subject, without indemnity, to a servitude affecting the site required for the construction, operation, alteration or extension of the system, from the making of an agreement specifying the terms and conditions of the servitude between Mobilité Infra Québec and, as applicable, the Minister or municipality.

Once the agreement has been entered into, the municipality, the Minister or Mobilité Infra Québec may publish the servitude in the land register. Mobilité Infra Québec 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 Mobilité Infra Québec 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 shared transportation system on rails.

2024, c. 40, s. 1.