The following information is taken from www.saskatchewan.ca
A municipality has discretion over where and when roads may be built depending on its budget, and over the construction and maintenance standards. No law exists that requires a municipality to build any road. Each situation is unique and subject to a municipality’s discretion.
A municipality may adopt a bylaw to regulate traffic control in the municipality (see Clause 8(1)(f) of The Municipalities Act).
“The Rural Municipality of Calder No. 241 has adopted several bylaws in this regards. For more information on these bylaws, go to our Transportation Services in our BYLAW CENTRE.”, RM Admin
Section 13 of The Municipalities Act sets out the procedure for closing a municipal road allowance in order to lease the land for any purpose, to sell it, or to simply close the road allowance.
“Rural Municipalities have passed such bylaws for the purposes of Closing & leasing road allowance to adjacent landowners for the purposes of:
- grain farming the said road allowance; and/or
- erecting a fence & using the said road allowance for grazing pasture.”
The municipality is required to provide public notice in accordance with its public notice policy stating council’s intention to enact a bylaw closing a road allowance. The notice must state:
- the legal description of the road allowance (consult the Controller of Surveys at the Information Services Corporation or a Saskatchewan Land Surveyor);
- the reason for the proposed closure; and
- information regarding the opportunity for persons who feels negatively impacted by the proposed closure to address council.
Additional notice may be required where the proposed closure requires the approval of the Minister of Highways and Infrastructure. Prior to passing a bylaw to close a street or road, council will provide persons who claim to be negatively impacted an opportunity to be heard.
Any lease or sale of a roadway must not eliminate access to land, and the lease or sale is subject to any existing easements or public right of way for public utility services. Leases of closed roadways are required to contain a provision which enables the municipality to prematurely terminate the lease or to request public access.
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