Kitsumkalum Agreement-in-Principle
CHAPTER 9 – ROADS AND RIGHTS OF WAY
Kitsumkalum Roads and Crown Corridors
1.
All Kitsumkalum Roads on Kitsumkalum Lands will be owned by Kitsumkalum.
2.
For greater certainty, Crown Corridors set out in Appendix D are not part of Kitsumkalum
Lands and are owned by British Columbia. The width of Crown Corridors is 30 metres unless
otherwise specified in Appendix D.
3.
British Columbia will Consult with Kitsumkalum regarding new uses or major road
construction within Crown Corridors adjacent to Kitsumkalum Lands.
Crown Corridors No Longer Required
4.
If British Columbia no longer requires any portion of a Crown Corridor identified in Appendix
D, it will transfer the estate in fee simple, including the Subsurface Resources if they are owned
by the Crown, for that portion of the Crown Corridor to Kitsumkalum.
5.
If Kitsumkalum acquires a portion of a Crown Corridor in accordance with paragraph 4, such
parcel of land will be added to Kitsumkalum Lands upon Kitsumkalum becoming the owner of
such parcel of land and Appendix B is deemed to be amended to reflect such addition to
Kitsumkalum Lands, unless Kitsumkalum provides notice to British Columbia and Canada
before the date of such transfer that such lands are not to be added to Kitsumkalum Lands.
Realignment of Provincial Roads
6.
7.
If British Columbia acquires by agreement or expropriates an estate or interest in a parcel of
Kitsumkalum Lands for the purpose of realigning all or a portion of a Provincial Road:
a)
at the request of Kitsumkalum, British Columbia will transfer to Kitsumkalum that
portion of the Provincial Road on or adjacent to Kitsumkalum Lands that is no longer
required for road, highway or Public Utility purposes and that land will become
Kitsumkalum Lands;
b)
the estate or interest transferred to or expropriated by British Columbia for the purpose
of such realignment will be the same as the estate or interest held by British Columbia in
the pre-existing Provincial Road; and
c)
upon completion of any transfers or expropriation under this paragraph, Appendices B
and D will, where appropriate, be amended in accordance with the process set out in the
amendment provisions of the General Provisions Chapter.
Where Kitsumkalum does not request a transfer under subparagraph 6(a):
a)
British Columbia will not transfer its interest in the pre-existing Provincial Road to
Kitsumkalum;
b)
Kitsumkalum will transfer any Kitsumkalum Lands between the pre-existing Provincial
Road and the new Provincial Road to British Columbia; and
c)
British Columbia will compensate Kitsumkalum for the value of the estate or interest
acquired by British Columbia under subparagraphs 6(b) and 7(b).
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