Bill 37 (Legislature 11, Session 4)

L11 S4 6948

Alberta — Bills

Bill No. 37 of 1951. A BILL RESPECTING THE SURVEY, EXPROPRIA TION AND USE OF LANDS REQUIRED FOR PUBLIC PURPOSES. NOTE This Bill enacts a new Act to be kn'Own as "The SUT1.,eys and EXP1'opriation Act". The Department 'Of Public Works is being divided intD tWD new Departments, a Public W'Orks Department and a Highways Department. It is desirable that certain provisions scattered thrQughout the present Public Works Department Act and The Public Works Act should be applicable tD both new Departments.

These pr'Ovisions relate mainly t'O the survey .of lands required fo.r public purpDses and the ex pr'OpriatiDn of such lands. Rather than repeating aU of these provisi'Ons in each of the two. new departmental Acts it ap peared desirable to enact a new Act relating to. surveys and expropriation that would be applicable to. both Departments. That is what this Bill does and practically all o.f its prD visions are re-enactments with mino.r modificati'Ons 'Of pro visiDns that were formerly contained in The Public lVorks Act and The Public Works Department Act, bQth of which are being repealed.

The first few sections set out the duties and powers of the Director of Surveys and o.f the Surveys Branch. Sections 8 and 9 deal with surveys for public works. The following secti'Ons dealing with entry on land required fDr public works and the ultimate expropriation 'Of such land are similar to. sections 15 to. 26 of The Public Works Act. In addition to the actual taking of the land these sections deal with claims for compensatiQn and the procedure for arbitra tion 'Of such claims. These sections are followed by general provisions deali~g with a variety of subjects.

Provision is made fQr the dI~ position 'Of public pr,operty no longer requi~d fQr publIc works. The Minister is empowered to prescrIbe a ~anual 'Of instructions for the guidance 'Of surveyors and engIneers making surveys and plans for public works. The Lieutenant Governor in Council is empowered to declare property cOl} structed, purchased or otherwise acquired at the pUb!IC expense to be public works. A provision is included prescrIb-

ii ing penalties for obstructing engineers or surveyors en gaged in making surveys for public works. The Public Works Act, being

chapter 73 of the Revised Statutes of Alberta, 1942, is repealed. Most of the pro visions contained in the Act have now been included in either of the two new departmental Acts or in this Act, or in The Public Highways Act. The Bill comes into force on a date to be fixed by proclama tion of the Lieutenant Governor in Council. This will enable the Bill to be proclaimed on the same date that the division of the Department becomes effective. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offer ed in explanation of its provisions.)

BILL Bill No. 37 of 1951.

An Act respecting the Survey, Expropriation and Use of Lands Re<iuired for Public Purposes. (Assented to , 1951.) HIS MAJ~ST~, by and with the advice and consent of the LegIslative Assembly of the Province of Alberta enacts as follows: '

Short Title. 1. This Act may be cited as "The SU'rVC1/S and Exp'roprl'ia-

Short title tion Act". '

Interpretation. 2.

In this Act, unless the context otherwise requires l - n~t~rpreta (a) "construction" m·eans the original work of con- "construc- structing any public work or highway; tion" ( b) "Department" means the Pu blic 'Vor ks Depart- "Depart-Inent" ment or the Highways Department, as the case may be; (c) "ditch" or "drain" means any ditch or drain opened "ditc.h" or "draIn" or covered wholly or in part and whether in the channel of a natural stream, creek or watercourse or not, and also. the work and materials necessary for any culvert, catch basin or guards; (d) "engineer" means an engineer or surveyor employed "engineer" by or acting as the agent of the Public 'Norks De partment or the Highways Department, as the case may be; (e) "highway" includes every common or public high- "highway" way, road allowance, thoroughfare, public travelled road, trail, road or way vested in the Province or overlands vested in the Province by any Act or otherwise, or overlands reserved for public pur- poses and every bridge, culvert, drain or other ac- cessory to a highway erected thereon, thereunder or adjacent thereto 0.1' used and enjoyed therewith, and any part of a highway as herein defined; (I) "land" includes lands, messuages, tenements and "land" hereditaments, eorporeal or incorporeal, o~ every nature and description and any estate or Interest therein, whether such estate or interest is legal or equitable, together with all paths, passages, ~ays, watercourses, liberties, privileges, easements, mInes,

"mainten- ance" "Minister" "outlet" "owner" "public work" "surveyor" Surveys Branch Aippointment of Director of Surveys Director of Surveys shall,- administer Surveys Branch make or direct surveys prepare maps and plans (g) (h) (i) (j) (k) 2 minerals and quarries appertaining thereto and all trees and timber thereon; "maintenance" includes the preservation and keep ing in repair of any public work or highway; "Minister" means the Minister of Public Works or the Minister of Highways, as the case may be ; "outlet" means any river, creek, watercourse or natural drainage channel; "owner" includes any person who by any right, title or -estate is or is entitled to be in possession of any land; "public work" includes, (

i) public buildings; (ii) public highways; (iii) dams, hydraulic works and other works for improving the navigation of any stream; (iv) dams, slides, piers, booms or other works for facilitating the transmission of logs or timber; (

v) dams erected for the storage of water, water powers and works connected therewith; ( vi) all property belonging to and used by the Province; (vii) all works and properties, acquired, constructed, extended, enlarged, repaired, equipped or im proved at the expense of the Province; (viii) any work declared to be a public work by order of the Lieutenant Governor in Council in accordance with the provisions of this Act; (l) "surveyor" means a land surveyor duly authorized under the provisions of The Alberta Land Surveyors Act. Surveys Branch. 3. There shall be a branch of the public service of the Province to be called the Surveys Branch. 4.

(1) Subject to the provisions of The Public Service Act, 1947,_ the Lieutenant Governor in Councill may appoint a duly qualified surveyor to be Director of Surveys for the Province and may define his duties and fix his remunera tion . .

(2) The Director of Surveys shall,- (

a) have charge of the administration of the Surveys Branch; (

b) make or cause to be made, or have direction over the execution of all surveys required by the Minister or by any Act; (

c) prepare or cause to be prepared and issued the maps and plans required by the Department or by any other Department of the Government;

3 (

d) do and perform such duties as may be required of per~orm him by any Act or defined by the Lieutenant Gover- ~~;::~ed to nor in C'Ouncil, or assigned to him by the Minister, him 5·. Subject to. the provisions of The Public Service Act Lieutenant 191.7 the L'e t t G 'C 'I " Governor in .tf , I U, en an overnor In ouncI may appOInt such Council may surveyors, .offIcers, clerks and servants as may be required appoint t th b ' f surveyors 0. carryon e uSlness '0 the Surveys Branch and may and other prescribe their duties and pr'Ovide for their remuneration, personnel 6.

With the approval of the Lieutenant Governor in Coun- pirector of 'I th D' t f Sf" Surveys CI , e lrec o.r 0 urveys, rom tIme to tIme, may,- may,- (a,) make such regulations as he deems proper in regard ~~rations to any plan of subdivisi'On or plan of survey which gov.ernin~ 't . d t ' t d h ' , registratIOn I IS proPo.se .0 regIs er un er t e prOVISI'OnS of of plans of The Land Titles Act; subdivision ( b ) , d 11 t h f h impose and ImpOSe an co ec suc ees or c arges upon and collect fees from any person proposing to. register a plan of ;~~istration subdivision as he deems proper; of plans of , subdivision (

C) make such reservatIons fro.m the area of any land make incI~ded in a: plan of subdivision for school or other ~~:l:~dns pubhc purposes as he deems proper, requ~red for pubhc purposes 7. When any plan is required by law to be examined or Fee for approved by the Directo.r of Surveys or any of the officers ~f~i~~al .of his branch, a fee of twenty-five dollars may be charged therefor which shall form a part of the General Revenue Fund of the Pro.vince, Surveys fo,r P'ublic Works. 8.

The Minister may cause to be made by a duly qualified survefy of 'th f ' d f area or surveyor or engIneer e survey .0 any area requIre or a public work public work. 9. The Minister, from b , timh~ to. time, mI ay tc.ause 1A? be mt,ade ~xK!f~~f:e by any pers'On approved y 1m any exp ora IOn or Inves Iga- feasibility tion needed to determine the feasibility and cost of a pro- ~~gp~~~~ of posed public work. ~~~~c Land Required for Public Works. 10 The Minister by his surveyors, engineers, fo.remen, With respect • ,., to land agents, workmen and servants, may,- required for . f I d public works (

a) enter upon and take posseSSIon 0 any an s re- the Minister quired for any public work; mat y,- d tak en er upon (

b) enter into and upon any land and survey an eland levels of the same and take such borings or sink survey land such trial pits as he deems neceSsary for any pur- pose relative to a public work; (

c) enter upon and take possession .of any land which, ~~~ession in his judgm'ent, is necessary for the .use, construc- of land tio.n, maintenance or repair of a publIc work or for .obtaining better access thereto;

deposit or remove materials make and use roads make drains divert streams or roads transfer land no longer required for public work to owner divert public utilities Removal of fence .to construct public work (d) (e) (/) (g) (h) 4 enter with workmen, animals, equipment and machines upon any land and; (

i) deposit thereon s.oil, earth, gravel, trees, bushes, logs, poles, brushwood or other material found on land required for a public work; (ii) dig up, quarry and carry away earth, stones, gravel o.r other material required for a public work; (iii) cut down and carry away trees, bushes, logs, poles and brushwood and remove the same therefrom for the making, construction, main taining or repairing of a public work; make and use all such temporary roads to and from such timber, stones, clay, gravel, sand or gravel pits as are required by him for the c.onvenient passing to and from a public work during its construction or repair; enter upo.n land for the purpose of making proper drains to carry off the water from a public work or for keeping the drains in repair; divert or alter temporarily or permanently the course of any br'ook, rivulet, ro.ad, street or way or raise or sink the level of the same in order to carry it over or under on the level of or by the side o.f a public work as he deems expedient; discontinue the use of any land as a highway and transfer the land comprised in the highw·ay or part thereof so discontinued to. the owner of the land of which the highway originally formed a part; (

i) divert.or alter the position of any water pipe, gas pipe, sewer, drain or any telephone or electric light wire or pole. 11.

(1) Where it is necessary or expedient in the con struction, maintaining or repairing of a public work to take down or remove a wall or fence of an o.wner or occupier of land or premises adjoining the premises of a public work the wall or fence shall be replaced as soon as the necessity which caused its taking down or removal has ceased. ~~~~~i~s ~~

(2) After the wall or fence has been replaced the owner maintenance or occupier of the land or premise·s shall maintain the wall ~~t!~nce or fence to the same extent as he: might by law be required replaced to .0.0 if the wall or fence had never been taken d.own o.r removed. Taking of gravel, stone, etc., for public work 1'2.

(1) Where gravel, stone, earth, s'and o.r water is taken for a public work from landsat a distance from the public work, the :iVIinister may cause to be laid down the necessary sidings, roads, water pipes, conduits or tracks over or through land intervening between the public work and the land on which the m'aterial o.r water is found.

(2) All .the provisions of this Act apply and may be used Right and exercIsed to obtain the right-of-way from the public of-way ~ork to the land ,on which the materials or water are sItuate.

(3) The right-of-way may be acquired for a term of years or permanently, as the Minister deems proper. ( 4). The powers contained in this

section may be used at any tIme after the public work is constructed for the pur pose of repairing and maintaining the same. Expropriation. 13.

(1) Lands taken for a public work shall be surveyed Plan of and marked on the ground by a duly qualified surveyor or ~a::~priate<1 engineer who shall prepare a proper plan of the same. ~~r:ubliC

(2) The plan need not be prepared before or at the time of the entry or taking possession of the lands under the authority of this Act. 14.

(1) The plans of any land required for a public work Approval of shall be examined and a.pproved by the Director of Surveys~~~~~i~t~dex and one copy thereof shall thereupon be filed in the pr()per ~G~~t~: Land Titles Office. of Surveys

(2) Notwithstanding the provisions of

section 13, where Surveyed lot any such land consists of a lot or parcel shown on a plan~~i~:Jc~;rre which is registered under the provisions of The Land Titles public work A.ct, or a parcel which is the subject matter of a separate, certificate of title, or of a legal subdivision within the mean- ing of The Alberta Su'rveys Act, the land shall be deemed toO have been surveyed and the plan thereof shall be deemed to have been filed within the, meaning of Thp Land Titles Act and this Act upon the filing in the Land Titles Office of a notification from the Director of Surveys that the lot, parcel or subdivision is required for the purpose of a public work. 15.

(1) Upon the filing in the Land Titles Office of the Notice of plan of any land taken for' a public work, or upon the filing ~fo~Pig:.tmd in the Land Titles Office of a notification from the Director exjproprlated of Surveys, the Minister, except as hereafter provided, shall cause to be served by registered mail upon all persons shown by the records of the Land Titles Office to be interested in the l'ands so taken,- (

a) a notice setting forth the compensation which he is ready to pay for the land so taken for the erection or relocation of fences and for any damages suffer ed by the land during the construction of the public work; and (

b) a copy of this subsection and of sections 16 and 17.

(2) In the event ~hat a claim is submitted to ~he M,ihister ~~~:n~: that any land, other than that taken for a publIc work, has tion for Hmd been damaged during the construction of the public work, damaged

Claim for increased compen sation Notice of decision as to increased compen sation Re~uest for arbItration Security for costs of arbitration AppOint ment of arbitrators Estimating compen sation 6 the Minister shall cause to. be served by registered mail upon all persons shown by the recDrds Df the Land Titles Office to be interested in such land,- (

a) a notice setting fDrth the cDmpensation which he is ready to pay fDr such damage; and (

b) a copy of this subsection and Df 'sectiDns 16 and 17. 16.

(1) If a person claiming com·pensation is dissatisfied with the amount Dffered he shall notify the Minister in writing Df his dissatisfaction within two mDnths frDm the date of the m'ailing of the notice referred to. in

section 15.

(2) He shall state in the notice,- (

a) the amo.unt he claims as cDmpensation; (

b) a full outline of the facts in support Df his claim.

(3) In the event Df no. claim for increased compensation being received !by the Minister within the period Df two mDnths the person entitled to. compensation shall be deemed to be satisfied with and shall be bound to. accept the amo.unt of cDmpensation mentioned in the nDtice. 17. The Minister shall consider every claim for increased corp.pensation and shall nDtify the claimant of his decision with respect thereto. by registered letter addressed to the claimant's last knDwn place Df abode. 18.

(1) If the· claimant is dissatisfied with the decision of the Minister he may give notice in writing to. the Minister, within sixty days, of the date of the mailing Df the Minister's decisiDn, that he wishes the claim submitted to. arbitration.

(2) The claimant shall f.Drward with his notice in writing to the Minister as security fDr the costs of the a,rbitration,- (

a) a cash deposit equal to. ten per cent Df the amount claimed by him but not in any event less than twenty-five dollars; Dr (

b) a bDnd with two sureties satisfactory to the Minister in double the amDunt required for the cash deposit.

(3) If the claimant fails to. nDtify the Minister and pro,vide the security within sixty days of the mailing of the Mini ster's decis.io.n, he shaH be. deemed to. have accepted the Minister's decision and shall not thereafter be at liberty to. questio.n it.

(4) The Minister upon receipt of the notice and the secur ity Afor CDstS shall submit the claim to. a~bitratio.n by two arbitrators, one to be appointed by the claimant and one to. be appointed by the Minister.

(5) The arbitration shaH be governed by the provisiDns of The Arbitration Act. 19.

(1) In estimating the amount to. which the claim ant is entitled, the arbitrators shall consider and find separately,-

7 (

a) the value of the land taken with all imprDvements thereon; (

b) the da!llage; if any,"to the remaining property .of the claImant; and (

c) the original CDSt Df 'any extra fencing which may be necessary by reason of the taking of the land. . <2) If the value.of the remaining property of the claimant IS Increase~ by reas:Dn of the construction .of the public wDrk, the .Increase In value shall be deducted frDm the a~ountesbI?ated and f'Ound under subsectiDn (1) and the dIf~erence, If any, shall be the amDunt awarded to the claImant. 20.

(1) The Dnly CDStS alI'Owa;ble upon an arbitration Costs shall be the arbitrators' and witnesses' fees. ~~git:a?li~non

(2) The CDstS .of the arbitration may be awarded in the discretiDn 'Of the arbitrators.

(3) In the event .of CDstS being awarded against the claimant the Minister may deduct the same .out .of the mDneys depDsited by the claimant and he shall return the surplus" if any, to the claimant.

(4) In the event .of costs nDt being awarded against the claimant, the Minister shall return the full amount .of his dep'Osit to. the claimant or shall deliver up the bDnd thereby cancelled, 'as the case may be. 21.

(1) When the amount of the c.ompensation is claimed ~o~~~r:t of by two. Dr more persons who are unable to agree as tD a ~ation d· .. th f th M· '. t' th to th mto court IVISIDn ereo, e InlS er may pay e same e Clerk .of the Supreme Court whose office is nearest tD the land affected.

(2) The amount may be paid .out to the parties interested in such pr.oPDrti.ons as may be, 'Ordered by a judge of the Supreme Court on the application .of either of the parties. 22.

(1) If any resistance Dr opposition is made by any Suppr~ssion . . b th M·· t of reSIstance perSDn to. the takIng possessIDn y e InlS er or any or opposition pers.on authorized by him Df lands for public WDrks as pr.o- vided by this Act, a judge .of the Supreme Court, .on proof .of the p~Dper taking Df such lands as herein provided, may issue his warrant to. the sheriff of the judicial district within which the lands are situated directing him to put down the resistance Dr DppositiDn and to put the Minister or the persons acting fDr him in pDss,essiDn Df the lands.

(2) The sheriff shall take with him suf~icient assistanc.e fDr that purpose and shall put down the reSIstance Dr OPP~l tion and shall put the Minister or the persons acting fDr hIm in possessiDn of the lands.

(3) The sheriff shall forthwith make a return tD the cler.k or deputy clerk .of the judicial district in which the land IS situated setting out the manner in which he executed the warrant.

Sale of public property no longer required for public work 8 General Provisions. 23.

(1) Any property, real or personal, when no longer required for the use of any public works may be soOld, leased or otherwise d-isposed of by the Minister.

(2) The proceeds of each such sale, lease or disposition shall be accounted fo.r as public money and deposited- in the General Revenue Fund.

(3) Whel)ever practicable such property shall be sold, leased o( otherwise disposed of by tender or by public auction. ~atnualt' of 24.

(1) The Minister, from time to time, may prescribe inS ruc IOns If· t t· f t-h ·d f d for guidance a manua 0. Ins ruc Ions or e gUI ance 0 _ surveyors an ~~dsurveyors engineers employed in making any survey required by the engineers Minister or authorized by this Act.

(2) The manual of instructions may designate the manner in which the survey shall be performed on the ground and the plans and field notes of the same prepared. ~fec:;rt~t~o~s 25.

(1) The Lieutenant Governor in Council, from time public works to time, may declare any property, real or pers.onal, that has been constructed, purchased or otherwise acquired at the public expense or on which public m.oneys have been ex pended to be a public work. Penalty for obstructing engineer or surveyor Repeal Coming into force

(2) Any pro.perty declared to be a public w.ork under subsection (1) shall henceforth be vested in His Majesty and be under the control .of the Department ilcsignated by the Lieutenant Governor in Council. 26. Any person who interrupts, hinders or molests any engineer or surveyor engaged in making an examinaticm, exploration 'Or survey in connection with any w'Ork author ized by the Minister or by this Act shall be guilty of an offence and liable on

summary conviction to a penalty not exceeding 'One hundred dollars .or to imprisonment for a term not exceeding tw.o months or to both. 27. The Public Works, Act, being

chapter 73 of the Re vised Statutes of Alberta, 1942, is hereby repealed. 28. This Act shall come into f.orce on a date to be fixed by ~roclamation of the Lieutenant Governor in Council.

No. 37. FOURTH SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 1951 BILL

An Act respecting the Survey, Expropriation and Use of Lands Required for Public Purposes. Recei ved and read the First time ......................................... . Second time ..................................... . Third time .-- --.--...... -..................... .. HON MR. MACMILLAN. Title: 1951 (11th, 4th) Bill 37,

An Act respecting the Survey, Expropriation and Use of Lands Required for Public Purposes

Document details

Collection	Alberta — Bills
Citation	L11 S4 6948
Type	bill
Volume / chapter	L11 S4 6948
Language	en
Format	json
Source	PROVINCIAL
Identifier	39b86ec58b9ebea1a60727e1dd4b767ca622479f

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