Acts and Regulations

M-22.1 - Municipal Thoroughfare Easements Act

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Repealed on 10 February 2015
CHAPTER M-22.1
Municipal Thoroughfare
Easements Act
Assented to June 13, 1975
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: R.S.N.B. 2014, Schedule A.
Definition
1In this Act “existing travelled thoroughfare” includes a lane, alley or other way used by the public and not already vested in a municipality, but does not include a road, street or highway.(voie existante utilisée)
Vesting of easement rights in municipality
2(1)The Lieutenant-Governor in Council, on application by a municipality, may by Order-in-Council vest in that municipality the easement rights to an existing travelled thoroughfare and up to three metres on either or both sides thereof, located in that municipality, for those municipal services as are prescribed in the Order.
2(2)Upon the registration of a certified copy of the Order in Council by the municipality made under subsection (1), in the registry office established under the Registry Act for the county in which the existing travelled thoroughfare lies, the easement rights described in the Order become vested in the municipality for the municipal services as are prescribed in the Order and thereupon all right and title, of any person in the lands described cease to exist to the extent of such easement rights.
2(3)A notice of Order in Council made under subsection (1) shall be published by a municipality, beginning not later than twenty-one days from the date of the Order,
(a) in The Royal Gazette, and
(b) in a newspaper having general circulation in the municipality in which the easement rights have been vested,
once a week for four consecutive weeks and once a month thereafter for an additional two months.
2(4)A notice mentioned in subsection (3) shall set out
(a) the fact of the vesting of the easement right in the municipality;
(b) the name or other descriptive designation of the existing travelled thoroughfare in respect of which the easement rights have been vested; and
(c) the place where and the hours during which a copy of the Order in Council may be inspected by any interested person.
1977, c.M-11.1, s.20
Compensation to owner
3(1)A person who was the owner of the right and title in the lands described in the Order in Council mentioned in subsection 2(1) to the extent of the easement rights therein described may apply to the municipality for compensation, and that municipality shall forthwith consider the application.
3(2)Any compensation to a person who has applied under subsection (1) shall be paid by the municipality in which the easement rights have been vested, if such compensation
(a) is approved by the Lieutenant-Governor in Council, or
(b) is determined by The Court of Queen’s Bench of New Brunswick or any judge thereof acting under Part II of the Expropriation Act, the provisions of which apply mutatis mutandis.
1985, c.4, s.47
Application procedure
4The Lieutenant-Governor in Council may prescribe the form and manner of an application to be made by a municipality under this Act.
Application of Act to rural communities
5A rural community incorporated under section 190.072 of the Municipalities Act may make an application for an Order in Council under subsection 2(1) in the same manner as a municipality, and this Act and any regulations under this Act apply with the necessary modifications to a rural community.
2005, c.7, s.50
N.B. This Act is consolidated to February 9, 2015.