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Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER U-5

AN ACT TO PROVIDE FOR THE REDISTRIBUTION BY THE CROWN OF CERTAIN UNIMPROVED LANDS

Analysis

1. Short title

2. Application of Act

3. Expropriation

4. Application of Expropriation Act

5. Application of Expropriation Act

6. Compensation

7. Title to vest in Crown

8. Injurious affection

9. Payments by minister

10. Expropriated land

11. Exemption order

Schedule


Short title

1. This Act may be cited as the Unimproved Lands Redistribution Act.

RSN1970 c384 s1

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Application of Act

2. This Act applies to the lands granted by the Crown grants referred to in the Schedule, whether or not the lands or an interest in them is now held by the grantees named in the grants or has passed to another person, company, partnership or association by conveyance, assignment, lease, devolution of law, prescriptive right or otherwise.

RSN1970 c384 s2

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Expropriation

3. (1) Where in the opinion of the Lieutenant-Governor in Council land to which this Act applies is or may be required for present or future use by the Crown or by members of the public for or in connection with

(a) the development of agriculture;

(b) the development of forestry;

(c) the use, disposal or development of a product of the forest;

(d) the construction or extension of a city, town, village or settlement;

(e) the construction, extension, maintenance or repair of roads; or

(f) the dedication to the public of the use of an existing road

the Lieutenant-Governor in Council may, by order, direct that the land be expropriated.

(2) An order made under subsection (1) shall describe the land to be expropriated and in order to ascertain and measure and obtain a plan and description of the land a person authorized by the Minister of Environment and Lands may enter upon the land or adjoining land for that purpose.

RSN1970 c384 s3; 1973 No37 Sch; 1979 c49 Sch A; 1988 c43 Sch A

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Application of Expropriation Act

4. Section 2, sections 7 to 16, subsections 17(2), (3) and (4), section 18, sections 28 to 31, sections 35 to 54 and section 58 of the Expropriation Act apply, with the necessary changes, to the expropriation of land to which this Act applies.

RSN1970 c384 s4

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Application of Expropriation Act

5. In the application to land to which this Act applies of the provisions of the Expropriation Act, brought into operation by section 4 of this Act, a board of arbitrators shall not be appointed and the Minister of Environment and Lands shall have and may exercise the powers and discharge the duties conferred and imposed on the Minister of Works, Services and Transportation and the board by those provisions.

RSN1970 c384 s5; 1973 No30 s6; 1973 No37 Sch; 1979 c49 Sch A; 1988 c43 Sch A

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Compensation

6. (1) The Minister of Environment and Lands shall compensate the owners of land expropriated under this Act for the land expropriated at the rate of 30 cents an acre, but in each case an advantage which an owner may derive or be likely to derive directly or indirectly from the contemplated use of the land shall be taken into account in reduction of the compensation.

(2) The Lieutenant-Governor in Council may by order prescribe a rate exceeding 30 cents an acre but not exceeding $1 an acre for the calculation of the compensation to be paid in respect of land expropriated under this Act, where he or she is of the opinion that compensation should be paid at a rate higher than that prescribed by subsection (1) and where an order is made under this subsection compensation shall be paid at the rate prescribed in the order.

RSN1970 c384 s6; 1973 No37 Sch; 1979 c49 Sch A; 1988 c43 Sch A

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Title to vest in Crown

7. (1) Where land is expropriated under this Act the title to surface rights, timber, quarry materials, coal, oil natural gas and salt on and in the land so expropriated vests in the Crown upon the expiration of the period prescribed by section 14 of the Expropriation Act, but the title to the minerals on and in the land shall not be affected by the expropriation.

(2) In this section, the expressions "minerals" and "quarry materials" have the meanings assigned to them by the Quarry Materials Act and the Mineral Act respectively

RSN1970 c384 s7

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Injurious affection

8. Claims by the owners of land that is not land to which this Act applies for damages caused by injurious affection to the land necessarily resulting from the expropriation of land under this Act shall be dealt with and disposed of under the Expropriation Act, as if the injurious affection was caused by an expropriation of land done under that Act.

RSN1970 c384 s8

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Payments by Minister

9. A payment that the Minister of Environment and Lands may be required to make under this Act shall be paid out of the Consolidated Revenue Fund of the province.

RSN1970 c384 s9; 1973 No37 Sch; 1979 c49 Sch A; 1988 c43 Sch A

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Expropriated land

10. (1) Land expropriated under this Act shall, from the date that the tile of it vests in the Crown, be considered to be Crown lands to which the Crown Lands Act applies and may be granted, leased or otherwise disposed of or dealt with under that Act in the same manner as other lands to which that Act apply.

(2) Where land that has been expropriated under this Act is granted or otherwise alienated under the Crown Lands Act, a charge shall be made in respect of it at a rate not less than that at which the compensation paid for it was calculated.

RSN1970 c384 s10

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Exemption order

11. (1) The Lieutenant-Governor in Council may by order exempt from the application of this Act an area of land described in the order.

(2) The Lieutenant-Governor in Council shall not revoke an order made under subsection (1).

1987 c4 s1

 

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Schedule

CROWN GRANT TO

NO.

DATE OF ISSUE

LOCATION

ACREAGE

New York, Newfoundland and London Telegraph Company

5874

22 Jan., 1989

South East Side of Bay St. George

19,200 acres

New York, Newfoundland and London Telegraph Company

5481

1 April, 1887

Cairn Mountain North side of Flat Bay Brook, Bay
St. George

2,944 acres

New York, Newfoundland and London Telegraph Company

5480

1 April, 1887

North side Deer Lake

1,920 acres

Thomas R. Smith Executor of the Will of the late Charles Fox Bennett
deceased of St. John's

20

16 July, 1895

South side of East Bay Port-au-Port

1 sq. mile

RSN1970 c384 Sch

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