Public Servitudes Clause Samples
A Public Servitudes clause establishes rights for the public or governmental entities to use certain portions of private property for specific purposes, such as roads, utilities, or public access. This clause typically outlines the areas affected, the permitted uses, and any restrictions or obligations imposed on the property owner, such as maintaining clear access or refraining from building structures that would interfere with the servitude. Its core function is to ensure that essential public services or access are maintained, balancing private property rights with the needs of the community or government.
Public Servitudes. All public servitudes established on Category II lands shall be without payment of compensation.
Public Servitudes. Notwithstanding the above definition of "development", all public servitudes may be established on Category II-N lands without payment of indemnity.
Public Servitudes. A) General Category I lands are subject to public servitudes established by Québec or its agents or mandataries in the cases set forth in paragraphs b), c) and d) below, subject to the terms and conditions and to the provisions for compensation mentioned herein and subject to compensation in an equivalent amount of land or in money at the option of the lnuit Community Corporation concerned unless for services of direct benefit to Category I lands or to such Inuit community. Consequently, all public bodies, agencies and corporations authorized by law will be allowed to expropriate for the purpose of establishing the following public servitudes, subject to the conditions mentioned below:
a) infrastructures such as roads, bridges, airports, maritime structures and protection and irrigation facilities;
b) local services such as water systems, sewers. purification plants, treatment plants, fire protection and other services generally provided by municipal governments;
c) public utilities such as electricity, gas, oil, telecommunications and telephones;
d) servitudes of gas or oil pipelines or transmission lines which shall be subject to the following conditions:
I) the pipelines or transmission lines shall be situated as far away as possible from the lnuit community concerned, taking into account all circumstances, and in all cases at a distance of at least five (5) miles from the centre of the said community;
Public Servitudes. 5.1.6.1) General
6.1 D subject to the terms and conditions mentioned herein and subject to compensation mentioned herein and subject to compensation in an equivalent area of land or in money at the option of the Naskapis of Québec except:
i) in the event of a public servitude for services of direct benefit to Category I-N lands or to the Naskapis of Québec, in which case there shall be no replacement or compensation of any kind for the lands taken for these public servitudes, or
ii) in the event of a public servitude in Category IA-N lands and if, in accordance with the provisions of section 20, Block ▇▇▇▇▇▇ or Block Cartier, as defined in section 20, becomes Category IA-N lands, then the compensation for the lands taken for such public servitude shall always be by a monetary payment, or
iii) in the event of a public servitude in Category IA-N lands and if, in accordance with the provisions of section 20, Block Matemace, as defined in Section 20, becomes Category IA-N lands, then the lands taken for such public servitude shall be compensated for by replacement or by a monetary sum, at the option of the Naskapis of Québec, unless Québec has serious reasons for being unable to replace said lands, in which event the compensation shall be monetary. Consequently, all public bodies, agencies and corporations authorized by law will be allowed to expropriate for the purpose of establishing the following public servitudes in the cases and subject to the conditions mentioned below:
A) infrastructures: such as regional roads and arteries, bridges, airports, protection and irrigation facilities;
B) local services: water systems, sewers, purification plants, treatment plants, fire protection and other services generally provided by local or municipal governments;
C) public utilities: electricity, gas, oil, telecommunications and telephones;
D) however, in the case of gas or oil pipelines or transmission lines, the servitudes shall be subject to the following:
a) the servitudes shall be situated as far as possible away from the center of the Naskapi community contemplated by section 20, in so far as reasonable, taking into account all circumstances;
b) Category I-N lands used for such purposes shall be replaced by an equivalent area of land unless otherwise expressly provided for in paragraph 5.1.6;
c) all reasonable efforts shall be made to attempt to locate such transmission lines or pipelines outside the Category I-N lands, for equal cost;
E) other servitudes of a si...
Public Servitudes. A) General
a) infrastructures such as roads, bridges, airports, maritime structures and protection and irrigation facilities;
b) local services such as water systems, sewers, purification plants, treatment plants, fire protection and other services generally provided by municipal governments;
c) public utilities such as electricity, gas, oil, telecommunications and telephones;
d) servitudes of gas or oil pipelines or transmission lines which shall be subject to the following conditions:
i) the pipelines or transmission lines shall be situated as far away as possible from the Inuit community concerned, taking into account all circumstances, and in all cases at a distance of at least five (5) miles from the centre of the said community;
ii) land taken for such purposes shall be replaced or compensated in all cases subject to the conditions of the first sub-paragraph of the present paragraph.
e) other servitudes of a similar nature established by law. No public servitudes other than those for local purposes shall be erected on Category I lands wherever a reasonably economical alternative exists for such public servitudes on Category III or Category II lands. In the case of the expropriation of Category I lands for public servitudes, compensation in lands or money, at the option of the Inuit Community Corporation concerned, must be effected, except in the case of public servitudes involving services of direct benefit to Category I lands or the Inuit Community concerned. Direct benefit would be determined with respect to the potential use by and/or future advantages to the Inuit community itself or the benefit to Category I lands. Where it is not otherwise possible for Québec to establish a public servitude to achieve the above without a full use and taking of the land, Québec shall have the right to expropriate in full ownership for the purposes of the present paragraph and paragraph 7.1.6, subject to the other provisions of this Section. All proposed public servitudes shall be subject to the Environment and Social Protection Regime established by and in accordance with Section 23 of the Agreement.
B) Direct benefit