Unsurveyed, Unregistered Road Diversions on Secondary Municipal Roads

Res #: 10-03A
Number: 10
Year: 2003
Midterm: No
Expired: Yes
Responses Received: No
Departments: Saskatchewan Government Relations

Resolution 10-03A

WHEREAS, in the past, many municipalities in the desire to save money for their taxpayers would ask a land owner for permission to build a municipal road around a slough or steep hill or other physical obstruction without having the road legally surveyed, and as a result, the road was never registered on the land title; and W

HEREAS, as a result of this practice in the past, it is causing very high expense for some rural municipalities today when land is sold to a new land owner and they have the right to close the road if it is not registered on the land title;

THEREFORE BE IT RESOLVED, that SARM lobby the Saskatchewan Minister of Justice and the Saskatchewan Minister of Government Relations and Aboriginal Affairs to change the legislation to give rural municipalities legal access to the road right of way where secondary roads were built on such diversions.

Response from the Honourable Ron Osika, Minister of Government Relations:

The purpose of legal surveys, easements and registering an interest against a title is to prevent the sort of situation raised by the proponents of the resolution at the outset when a municipal road is constructed across private property. Municipalities are advised that every time a road is constructed and particularly when it is constructed across private property, it should be legally surveyed and registered. GRAA supports Highways and Transportation's position in this regard.

Municipalities are encouraged to resolve outstanding road diversion issues through legal means to ensure ownership, responsibility, and liability. The Municipal Expropriation Act permits the municipality to expropriate land for any purpose authorized by the appropriate municipal Act, where the land cannot be acquired by agreement and The Rural Municipality Act, 1989 permits a municipality to acquire by purchase land for municipal or public purposes.