82 Plan of survey re public works, etc.
(a) a notification or a plan of survey that is prepared in respect
of a public work under the Public Works Act or the
Municipal Government Act, or
(b) a certificate of approval th at is prepared in respect of works
to which the Expropriation Act applies,
is submitted for registration, the Registrar shall act under
subsection (2).
(2) When subsection (1) applies, the Registrar shall
RSA 2000
(a) register the notification, p lan or certificate that is submitted
for registration,
(b) make the necessary endorsem ents on or cancellations of the
appropriate certificates of title, and
(c) issue, when appropriate, free of all encumbrances, a new
certificate of title for the area taken in accordance with the
notification, plan or certificate.
(3) Notwithstanding subsection (2)(c), where
(a) the area taken consists of a public highway, road, street or
lane, and
(b) a plan of survey referred to in subsection (1)(a) has been
submitted for registration in respect of the area taken,
a certificate of title shall not be issued with respect to that area.
(4) Where an instrument is registered under subsection (2), that
registration vests the interest taken in the Crown in right of Alberta
or in a municipality or other authority, as the case may be, but does
not affect the right of a person who held an interest in the land to
compensation for that interest.
(5) The Crown, municipality or other authority is not entitled to
any mines or minerals in land vested in it under this section, and
the title to the mines and minerals is not affected by the registration
of a notification, plan of survey or certificate of approval, unless
the mines and minerals are expressly acquired by the Crown,
municipality or other authority, as the case may be.
(6) For the purpose of excepting an area that is required for a
public work from a certificate of title as the certificate of title is
issued when land is granted by the Crown, the Registrar may
accept for registration a plan prepared by the Director of Surveys
showing the area affected by the public work.
1988 c27 s36;1996 c32 s5(13);1999 c10 s17