Lac-Mégantic railway bypass servitude

Summary#

The Department of Public Works and Government Services published a notice that the federal government intends to take (expropriate) a "servitude of non-construction" over part of a property in Lac-Mégantic. That means the government wants a permanent legal restriction that stops building or storing material on the parcel so a nearby Lac-Mégantic railway bypass can be used. The notice was published February 18, 2023 and people had 30 days (until about March 20, 2023) to object.

What it does#

• Creates a real and perpetual "servitude of non-construction" that forbids constructing, erecting, developing, depositing, or storing materials on the specified parcel of land.
• Applies to a portion of lot 3,109,261 (an area of 14,489.5 s.m.) described in the notice and shown on an attached survey plan.
• Gives that restriction in favour of the land used by the Lac-Mégantic railway bypass on lot 6,473,005.
• Asks the land registrar to enter the notice and plan in the land register so the restriction appears on title.

Who's affected#

• The owner named in the notice, Tafisa Canada Inc., is directly affected because the restriction applies to part of its lot.
• Anyone who owns, uses, or plans to buy or develop that specific parcel will be limited — they cannot build or store material there if the servitude is registered.
• The wider Lac-Mégantic community may notice the change as part of the railway bypass project, but the notice itself mainly changes the rights attached to the listed parcel.

Why it matters#

• A servitude of non-construction limits what can be done on the land permanently. That can change what the owner can do with the property and affect property transactions or development plans.
• This is part of building a railway bypass around downtown Lac-Mégantic — a local infrastructure change that can affect traffic, land use, and nearby property.
• The affected owner had a short window (30 days from February 18, 2023) to file a written objection; after registration the restriction will appear on the land title, which buyers and lenders will see.