RTA · Municipal Government Act
Part 3 — Special Municipal Powers and Limits on Municipal Powers Division 1 Expropriation
16.1 Acquiring land for roads by agreement
(a) in the case of land that is being acquired under an agreement
for sale, the owner of the fee simple estate in the land and
the purchaser whose interest under the agreement is
registered against the certificate of title for the land;
(b) in the case of land that is subject to a lease for which a
certificate of title has been issued, the owner of the fee
simple estate in the land and the lessee under that lease.
(2) When a municipality makes an agreement with the owner of
land to acquire the land for the purpose of a road, culvert, ditch or
drain, title to the land is vested in the city, or in the case of any
other municipality, the Crown in right of Alberta, by filing with the
Registrar of Land Titles
(a) plans of survey showing the land to be acquired, and
(b) a certificate of a desi gnated officer stating that
(i) an agreement has been r eached with the owner of the
land to be acquired and the price to be paid,
(ii) all persons registered on certificates of title that have an
interest in land that is within 40 metres of the boundary
of the land to be acquired as shown on the plans of
survey have been notified by registered mail, and
(iii) the person signing the cer tificate is a designated officer.
(3) When the title to land vests under subsection (2), it is not
necessary to register a transfer for that land.
(4) A municipality is not entitled to mines and minerals in any land
vested in it pursuant to this section and the title to any mines or
minerals is not affected by the filing of any plan of survey pursuant
to this section.
2022 c16 s9(5)