5.1.0 Definitions

In this chapter, the following definitions shall apply.

"Land Titles Office" means the Land Titles Office for the Yukon Land Registration District or its successor.

"Royalty" means any amount, paid in money or in kind, in respect of Mines and Minerals produced by a Person holding an Existing Mineral Right, but not including any payment made for a service, for the creation of special purposes funds, for the issuance of a right or interest or for the granting of an approval or authorization, any payment required regardless of the ownership of the Mines and Minerals, or any payment for incentives.

5.2.0 General

5.2.1 Nothing in Settlement Agreements shall be construed as affecting any aboriginal claim, right, title or interest in and to Settlement Land, except to the extent that they are inconsistent with the Settlement Agreements.

5.2.2 Nothing in this chapter constitutes an admission by Government that an aboriginal claim, right, title or interest can co-exist with the rights described in 5.4.1 .1 (a) and 5.4.1 .2 , or with a treaty.

5.2.3 Each Yukon First Nation shall register in the Land Titles Office as soon as practicable its title to Fee Simple Settlement Land and its fee simple title in the Mines and Minerals in and under Category A Settlement Land.

5.2.4 No fee or charge shall be payable in respect of the initial registration by a Yukon First Nation of its title to Fee Simple Settlement Land and its fee simple title in the Mines and Minerals in and under Category A Settlement Land.

5.2.5 Nothing in this chapter shall be construed to preclude a Yukon First Nation or Yukon Indian People from acquiring or holding interests in Non-Settlement Land.

5.2.6 Settlement Land shall be deemed not to be lands reserved for Indians within the meaning of section 91 (2 4 ) of the Constitution Act, 1 867, nor a Reserve.

5.2.7 Government shall have no obligation or liability in respect of Settlement Land, or in respect of any dealings with Settlement Land by any Person, by virtue of any property interest Government may have as a result of the regime of tenure established under 5.4.1 .1 (a) and 5.4.1 .2 .

5.3.0 Maps and Descriptions

5.3.1 Maps, and legal descriptions where available, of Settlement Land for each Yukon First Nation, and descriptions setting out any reservations, exceptions, restrictions, easements, rights-of-way or special conditions that the parties to a Yukon First Nation Final Agreement agree apply to a Parcel of Settlement Land shall be annexed to and form part of that Yukon First Nation Final Agreement, and shall identify the Category A, Category B, Fee Simple Settlement Land and Proposed Site Specific Settlement Land of that Yukon First Nation.

5.3.2 The boundaries of the Settlement Land of a Yukon First Nation shall be defined pursuant to Chapter 1 5 - Definition of Boundaries and Measurement of Areas of Settlement Land.

5.3.3 Plans of survey confirmed in accordance with Chapter 1 5 - Definition of Boundaries and Measurement of Areas of Settlement Land shall be deposited in the Land Titles Office and any system established under 5.5.1.4 applicable to the Settlement Land dealt with in the survey.

5.3.4 Plans of survey confirmed under Chapter 1 5 - Definition of Boundaries and Measurement of Areas of Settlement Land replace for all purposes any prior map or description of a Parcel of Settlement Land dealt with by the survey.

5.3.5 The deposition of a plan of survey under 5.3.3 shall not be construed to affect any aboriginal right, title or interest of a Yukon First Nation or any person eligible to be a Yukon Indian Person it represents.

5.3.6 The designation of a Parcel of Settlement Land by the letters "C", "S" and "R" is for convenience only and has no legal effect.

5.4.0 Settlement Land

5.4.1 A Yukon First Nation shall have by virtue of this chapter:

5.4.1.1 for Category A Settlement Land,

1. the rights, obligations and liabilities equivalent to fee simple excepting the Mines and Minerals and the Right to Work the Mines and Minerals, and
2. fee simple title in the Mines and Minerals, and the Right to Work the Mines and Minerals;

5.4.1.2 for Category B Settlement Land the rights, obligations and liabilities equivalent to fee simple reserving therefrom the Mines and Minerals and the Right to Work the Mines and Minerals but including the Specified Substances Right; and

5.4.1.3 for Fee Simple Settlement Land, fee simple title reserving therefrom the Mines and Minerals and the Right to Work the Mines and Minerals but including the Specified Substances Right.

5.4.2 The rights and titles described in 5.4.1 of a Yukon First Nation in Settlement Land are subject to the following exceptions and reservations:

5.4.2.1 any right, title or interest less than the entire fee simple therein existing at the date the land became Settlement Land;

5.4.2.2 any licence, permit and other right issued by Government for the use of land or other resources existing at the date the land became Settlement Land;

5.4.2.3 any renewal or replacement of a right, title or interest described in 5.4.2.1 or a licence, permit or other right described in 5.4.2.2 ;

5.4.2.4 any new licence, permit or other right in respect of,

1. Petroleum which may be granted as of right to a Person holding a right, title or interest described in 5.4.2.1 , 5.4.2.2 or 5.4.2.3 , and
1. Mines and Minerals which may be granted pursuant to the Yukon Quartz Mining Act, R.S. 1 985,c.Y-4 or the Yukon Placer Mining Act, R.S. 1 985,c.Y-3 to a Person holding a right, title or interest described in 5.4.2.1 , 5.4.2.2 or 5.4.2.3 ;

5.4.2.5 any right-of-way, easement, reservation, exception, restriction, or special condition agreed to by the parties to a Yukon First Nation Final Agreement and set out therein pursuant to 5.3.1 ;

5.4.2.6 the Public Access for Wildlife Harvesting;

5.4.2.7 any Waterfront Right-of-Way;

5.4.2.8 the Flooding Right identified pursuant to 7.8.0;

5.4.2.9 the rights granted to Government in a Quarry identified pursuant to 1 8.2 .0; and

5.4.2.10 any reservation agreed to pursuant to 5.7.4 .2 .

5.5.0 Yukon First Nation Management Powers

5.5.1 Subject to its Settlement Agreement, each Yukon First Nation, as owner of Settlement Land, may exercise the following powers of management in relation to its Settlement Land:

5.5.1.1 to enact bylaws for the use of and occupation of its Settlement Land;

5.5.1.2 to develop and administer land management programs related to its Settlement Land;

5.5.1.3 to charge rent or other fees for the use and occupation of its Settlement Land; and

5.5.1.4 to establish a system to record interests in its Settlement Land.

5.6.0 Administration by Government

5.6.1 For the purposes of 5.6.0, "Encumbering Right" means every licence, permit or other right, and every right, title or interest described in 5.4.2.

5.6.2 Subject to 6.3 .6, Government shall continue to administer every Encumbering Right including granting renewals or replacements described in 5.4.2.3 and new rights described in 5.4.2.4 in the public interest and in accordance with the Legislation which would apply if Settlement Land were Crown Land.

5.6.3 Where Category A Settlement Land is subject to an Existing Mineral Right or to a surface lease, existing at the date the affected land became Settlement Land, held by a Mineral Right holder, Government shall account for and pay to the affected Yukon First Nation as soon as practicable from time to time:

5.6.3.1 any Royalty received by Government for production after the date the land became Settlement Land in respect of that Existing Mineral Right; and

5.6.3.2 any non-refunded rents received by Government which were payable after the date the land became Settlement Land in respect of that Existing Mineral Right and of any surface lease, existing at the date the affected land became Settlement Land, held by a Mineral Right holder.

5.6.4 Where Category B Settlement Land or Fee Simple Settlement Land is subject to a surface lease, existing at the date the affected land became Settlement Land, held by a Mineral Right holder, Government shall account for and pay to the affected Yukon First Nation as soon as practicable from time to time, any non-refunded rents received by Government which were payable after the date the land became Settlement Land in respect of that existing surface lease held by the Mineral Right holder.

5.6.5 Subject to 5.6.3 , 5.6.4 and 5.6.6, Government shall retain for its own benefit any fees, charges or other payments received in respect of any Encumbering Right.

5.6.6 Where Settlement Land is subject to a timber harvesting agreement existing at the date the land becomes Settlement Land, Government may agree in the Yukon First Nation Final Agreement to account for and pay to the affected Yukon First Nation any stumpage fee in respect of that timber harvesting agreement received by Government which is payable after the date the land becomes Settlement Land.

5.6.7 Government shall not have any fiduciary obligation to a Yukon First Nation for the exercise of any discretionary or other power in relation to the administration of any Encumbering Right.

5.6.8 Government shall indemnify and forever save harmless the Yukon First Nations from and against all suits and actions, causes of action, claims, demands, and damages by any Person arising from the continuing administration of the Encumbering Right by Government.

5.6.9 Government shall Consult with the affected Yukon First Nation before exercising any discretion to renew or replace an Encumbering Right, to issue a new Encumbering Right, or to set any Royalty, rent or fee described in 5.6.3 , 5.6.4 and 5.6.6.

5.6.10 If Legislation is amended to authorize Government to increase the term permitted for an Encumbering Right, Government shall not increase the term of that Encumbering Right pursuant to that amendment without the prior consent of the affected Yukon First Nation.

5.6.11 Subject to the consent of the Minister, a Yukon First Nation and the holder of an Encumbering Right may agree that the right be cancelled and replaced by an interest provided by the Yukon First Nation.

5.6.12 The Minister may only refuse to consent under 5.6.1 1 if:

5.6.12.1 the holder of the Encumbering Right is in default of any obligation to Government or has outstanding unsatisfied liabilities to Government pursuant to the interest;

5.6.12.2 the Encumbering Right was granted under the Yukon Quartz Mining Act, R.S. 1 985,c.Y-4 and there is no "Certificate of Improvements" issued thereunder or equivalent certificate issued under any successor Legislation;

5.6.12.3 the Encumbering Right is a claim granted under the Yukon Placer Mining Act, R.S. 1 985,c.Y-3 and there is no plan of survey of the claim approved in accordance with that Act or equivalent approval under successor Legislation; or

5.6.12.4 there is a Person claiming an interest in the Encumbering Right.

5.7.0 Disclosure of Government Interests in Settlement Land

5.7.1 Government shall make best efforts to disclose to each Yukon First Nation, before its final land selections are signed by the negotiators for its Yukon First Nation Final Agreement, which, if any, of those lands are:

5.7.1.1 under the management, charge and direction of any department of Government listed in Schedule I of the Financial Administration Act, R.S. 1 985,c.F-1 1 , other than the Department of Indian Affairs and Northern Development, or of any entity in Schedule II or III of that Act;

5.7.1.2 subject to reservations made in the land records of the Northern Affairs Program, Department of Indian Affairs and Northern Development;

5.7.1.3 under the administration and control of the Commissioner and,

1. under the management, charge and direction of any department of the Yukon as defined in the Financial Administration Act R.S.Y. 1 986,c.65,
1. subject to a reservation and notation made in the land records of the Lands Branch, Department of Community and Transportation Services, or
2. occupied by any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1 986,c.65; or

5.7.1.4 any other land occupied by any department of the Yukon as defined in the Financial Administration Act, R.S.Y. 1 986,c.65.

5.7.2 For the purpose of 5.7.1 and 5.7.4 , "disclose" means to provide Territorial Resource Base Maps at a scale of 1 :2 0,000 or l:3 0,000 or Community Reference Plans indicating thereon the land described in 5.7.1 and accompanied by a list describing:

5.7.2 .1 the department or entity having management, charge or direction of the land in 5.7.1.1 ;

5.7.2 .2 the nature of the reservation in 5.7.1.2 ; and

5.7.2 .3 the department having management, charge and direction of, or occupying, the land in 5.7.1.3 (a) or (c), or 5.7.1.4 or the nature of the reservation in 5.7.1.3 (b).

5.7.3 The obligation set out in 5.7.1 does not apply where the information described in 5.7.1 is publicly available in the Land Titles Office.

5.7.4 If Government or a Yukon First Nation becomes aware of any information described in 5.7.1 which has not been disclosed prior to that Yukon First Nation ratifying its Yukon First Nation Final Agreement and which is not publicly available in the Land Titles Office, that party shall provide the other with the information, whereupon Government shall declare

5.7.4 .1 that:

1. the department or entity does not have the management, charge or direction of the land,
1. the reservation is cancelled, or
2. the Commissioner does not have administration and control of the land,

as the case may be, and, as of the date of the declaration, the Settlement Land shall not be subject to such management, charge or direction, reservation or administration and control and no compensation shall be payable to the Yukon First Nation; or

5.7.4 .2 in the cases of 5.7.1.2 or 5.7.1.3 (b), that, with the agreement of the affected Yukon First Nation, the land described in 5.7.1.2 or 5.7.l.3 (b) remains Settlement Land subject to the reservation and, as of the date of the declaration, Government shall provide compensation as determined pursuant to 7.5.0 to the Yukon First Nation for any diminution in the value of the Settlement Land resulting from the continuation of the reservation after the date of the declaration, and the Settlement Land shall be subject to the reservation.

5.7.5 For the purposes of 5.7.1 and 5.7.4 :

5.7.5.1 Government in 5.7.1.1 means Canada;

5.7.5.2 Government in 5.7.1.2 means the Government for whose benefit the reservation was made; and

5.7.5.3 Government in 5.7.1.3 means the Yukon.

5.8.0 Beds of Waterbodies

5.8.1 Unless otherwise provided in the description referred to in 5.3.1 , the portions of the Bed of a lake, river or other waterbody within the boundaries of a Parcel of Settlement Land shall be Settlement Land.

5.8.2 Unless otherwise provided in the description referred to in 5.3.1 , the Bed of a lake, river or other waterbody which is contiguous with a boundary of a Parcel of Settlement Land shall not be Settlement Land.

5.9.0 Interests in Settlement Land - Less than Entire Interest in 5.4.1

5.9.1 Upon and subsequent to the happening of any of the following events:

5.9.1.1 the registration in the Land Titles Office of any interest in a Parcel of Settlement Land, less than the entire interest set out in 5.4.1 .1 (a) or 5.4.1 .2 ;

5.9.1.2 the expropriation of any interest in a Parcel of Settlement Land, less than the entire interest set out in 5.4.1 .1 (a) or 5.4.1 .2 ;

5.9.1.3 the granting of any interest in a Parcel of Settlement Land less than the entire interest in 5.4.1 .1 (a) or 5.4.1 .2 to any Person not enrolled under that Yukon First Nation Final Agreement; or

5.9.1.4 the declaration of a reservation in a Parcel by Government pursuant to 5.7.4 .2 ,

the interest registered, expropriated or granted or the reservation declared, as the case may be, shall take priority for all purposes over:

5.9.1.5 any aboriginal claims, rights, titles and interests of the Yukon First Nation and all persons eligible to be Yukon Indian People it represents, their heirs, descendants and successors; and

5.9.1.6 the right to harvest described in 1 6.4 .2 ,

in or to the Parcel referred to in 5.9.1.1 , 5.9.1.2 , 5.9.1.3 and 5.9.1.4 , as the case may be.

5.9.2 Each Yukon First Nation and all persons who are eligible to be Yukon Indian People it represents, their heirs, descendants and successors undertake not to exercise or assert:

5.9.2 .1 any aboriginal claim, right, title or interest; or

5.9.2 .2 any right to harvest described in 1 6.4 .2 ,

in or to any Parcel referred to in 5.9.1.1 , 5.9.1.2 , 5.9.1.3 and 5.9.1.4 which aboriginal claim, right, title or interest or right to harvest described in 1 6.4 .2 is in conflict or inconsistent with the interest described in 5.9.1.1 , 5.9.1.2 and 5.9.1.3 , or the reservation declared in 5.9.1.4 , as the case may be.

5.10.0 Interests in Settlement Land - Entire Interest

5.10.1 Each Yukon First Nation and all persons eligible to be Yukon Indian People it represents, shall be deemed to have ceded, released and surrendered to Her Majesty the Queen in Right of Canada all their aboriginal claims, rights, titles and interests, in and to the Parcels described hereunder and waters therein upon the happening of any of the following events:

5.10.1.1 the registration in the Land Titles Office of the fee simple title in that Parcel of Settlement Land;

5.10.1.2 the expropriation of the fee simple title in that Parcel of Settlement Land; or

5.10.1.3 the granting of the fee simple interest in that Parcel of Settlement Land.

5.10.2 A Yukon First Nation shall be deemed to have been granted immediately before the happening of an event described in 5.10.1 .1 , 5.10.1 .2 or 5.10.1 .3 for that Parcel:

5.10.2.1 if Category A Settlement Land, fee simple title excepting the Mines and Minerals and the Right to Work the Mines and Minerals, subject to,

1. the reservations and exceptions set out in 5.4.2 , other than 5.4.2.6, and
1. the reservations to the Crown and exceptions which apply to a grant of federally administered Crown Land under the Territorial Lands Act, R.S. 1 985,c.T-7 other than the reservations set out in paragraphs 1 3 (a) and (b) and 1 5(a) of that Act; and

5.10.2 .2 if Category B Settlement Land, fee simple title reserving to the Crown therefrom the Mines and Minerals and the Right to Work the Mines and Minerals but including the Specified Substances Right, subject to,

1. the reservations and exceptions set out in 5.4.2 , and
1. the reservations to the Crown and exceptions which apply to a grant of federally administered Crown Land under the Territorial Lands Act, R.S. 1 985,c.T-7 other than the reservations set out in paragraphs 1 3 (a) and (b) and 1 5(a) of that Act.

5.10.3 The interest in Fee Simple Settlement Land set out in 5.4.1 .3 shall be deemed to be subject to the reservations to the Crown and exceptions which would apply to a grant of federally administered Crown Land under the Territorial Lands Act, R.S. 1 985,c.T-7, other than the reservations set out in paragraphs 1 3 (a) and (b) and 1 5(a) of that Act, upon the happening of either of the following events:

5.10.3 .1 the expropriation of the fee simple title in a Parcel of Settlement Land; or

5.10.3 .2 the granting by a Yukon First Nation of its fee simple title in that Parcel of Settlement Land.

5.11.0 Land Ceasing to be Settlement Land

5.11.1 Except for purposes of Chapter 2 3 - Resource Royalty Sharing, where a Yukon First Nation becomes divested, either voluntarily or involuntarily, of all its interest in land set out in 5.4.1 .1 (a) in a Parcel of Category A Settlement Land, but retains some or all of its interest in the Mines and Minerals in that Parcel, that Parcel and the retained interest in the Mines and Minerals in that Parcel shall cease to be Settlement Land.

5.11.2 Where a Yukon First Nation becomes divested, either voluntarily or involuntarily, of all its interest in land set out in 5.4.1 .1 (a), 5.4.1 .2 or 5.4.1 .3 in a Parcel of Settlement Land, that Parcel shall cease to be Settlement Land.

5.12.0 Reacquisition

5.12.1 Where land which is or was subject to the operation of 5.10.0 is reacquired by a Yukon First Nation in fee simple, whether including or excluding the Mines and Minerals, that Yukon First Nation may declare the land to be Settlement Land and thereafter the land shall be Settlement Land of the following category:

5.12.1.1 Category A Settlement Land when Mines and Minerals are included and the land had previously been Category A Settlement Land;

5.12.1.2 Category B Settlement Land when Mines and Minerals other than Specified Substances are not included and the land had previously been Category B Settlement Land; or

5.12.1.3 Fee Simple Settlement Land when Mines and Minerals other than Specified Substances are not included and the land had previously been Fee Simple or Category A Settlement Land,

except that the cession, release and surrender of any aboriginal claim, right, title or interest in respect of the land shall not be affected.

5.13.0 Deregistration

5.13.1 A Yukon First Nation may deregister a Parcel of Category A Settlement Land which is registered in the Land Titles Office and is free and clear of any interest in land recognized in Law, other than:

5.13.1.1 the reservations and exceptions set out in 5.4.2 ; and

5.13.1.2 the reservations to the Crown and exceptions which apply to a grant of federally administered Crown Land under the Territorial Lands Act, R.S. 1 985, c.T-7 other than the reservations set out in paragraphs 1 3 (a) and (b) or 1 5(a) of that Act.

5.13.2 A Yukon First Nation may deregister a Parcel of Category B Settlement Land which is registered in the Land Titles Office and is free and clear of any interest in land recognized in Law other than:

5.13.2.1 the reservations and exceptions set out in 5.4.2 ; and

5.13.2 .2 the reservations to the Crown and exceptions which apply to a grant of federally administered Crown Land under the Territorial Lands Act, R.S. 1 985, c.T-7.

5.13.3 Deregistration pursuant to 5.13.1 and 5.13.2 shall not affect the cession, release and surrender of any aboriginal claim, right, title or interest in respect of that Parcel.

5.14.0 Proposed Site Specific Settlement Land

5.14.1 Subject to 5.14.2 , the provisions of 2 .5.0 and 5.4.1 shall not apply to Proposed Site Specific Settlement Land, and Proposed Site Specific Settlement Land shall not be considered Settlement Land for any purpose.

5.14.2 Subject to 5.14.3 , the provisions of 2 .5.0 shall apply to Proposed Site Specific Settlement Land and 5.4.1 shall apply to Site Specific Settlement Land on the same date the plan of survey is confirmed in accordance with Chapter 1 5 - Definition of Boundaries and Measurement of Areas of Settlement Land, and the Site Specific Settlement Land shall thereupon be Settlement Land for all purposes.

5.14.3 Where there is more than one Parcel of Site Specific Settlement Land to be selected in one or more Parcels of Proposed Site Specific Settlement Land bearing the same "S" number, 5.14.2 shall not apply until the plan of the last Parcel of Site Specific Settlement Land in the last Parcel of Proposed Site Specific Settlement Land bearing the same "S" number has been confirmed in accordance with Chapter 1 5 - Definition of Boundaries and Measurement of Areas of Settlement Land.

5.14.4 Any orders made under the Territorial Lands Act, R.S. 1 985,c.T-7, the Yukon Quartz Mining Act, R.S. 1 985, c.Y-4 , the Yukon Placer Mining Act, R.S. 1 985,c.Y-3 or the Lands Act, R.S.Y. 1 986,c.99 withdrawing Proposed Site Specific Settlement Land on the Effective Date of the Yukon First Nation's Final Agreement shall be continued until the provisions of 2 .5.0 apply to that land.

5.15.0 Waterfront Right-of-Way

5.15.1 Unless otherwise agreed in a Yukon First Nation Final Agreement on a case by case basis, there shall be a Waterfront Right-of-Way 3 0 metres in width measured landward from the Natural Boundaries within Settlement Land of all Navigable Waters which abut or are within Settlement Land.

5.15.2 The uses allowed upon and the width of the Waterfront Right-of-Way may be varied in a Yukon First Nation Final Agreement to accommodate special circumstances.

5.15.3 Subject to 6.1 .6, any Person has a right of access without the consent of the affected Yukon First Nation to use a Waterfront Right-of-Way for travel and for non-commercial recreation including camping and sport fishing, and to use standing dead or deadfall firewood incidental to such use.

5.15.4 Except for hunting Migratory Game Birds if permitted by and in accordance with Law, the right of access in 5.15.3 shall not be construed to permit Harvesting Wildlife at any time on Category A or Fee Simple Settlement Land.

5.15.5 Any Person has a right of access to use a Waterfront Right-of-Way for commercial recreation purposes with the consent of the affected Yukon First Nation or failing consent, with an order of the Surface Rights Board setting out the terms and conditions of the access.

5.15.6 The Surface Rights Board shall not make an order under 5.15.5 unless the Person seeking access satisfies the Board that:

5.15.6.1 such access is reasonably required; and

5.15.6.2 such access is not also practicable and reasonable across Crown Land.

5.15.7 Subject to 5.15.8, no Person shall establish any permanent camp or structure on a Waterfront Right-of-Way without the consent of Government and the affected Yukon First Nation.

5.15.8 A Yukon First Nation has a right to establish a permanent camp or structure on a Waterfront Right-of-Way on its Settlement Land, provided that:

5.15.8.1 the permanent camp or structure does not substantially alter the public right of access under 5.15.3 ; or

5.15.8.2 there is a reasonable alternate public right of access for the purposes set out in 5.15.3.

5.15.9 Any dispute as to whether the conditions set out in 5.15.8.1 and 5.15.8.2 are met may be referred to the Surface Rights Board by Government or the affected Yukon First Nation.

5.15.10 For purposes of 5.15.9, the Surface Rights Board shall have all the powers of an arbitrator under 2 6.7.3 .

5.16.0 Notations for Hydro-electric and Water Storage Projects

5.16.1 Government shall identify to Yukon First Nations, before final land selections are signed by the negotiators for all parties to a Yukon First Nation Final Agreement, those areas proposed for future hydro-electric and water storage projects.

5.16.2 When land identified pursuant to 5.16.1 forms part of Settlement Land, a notation shall be made in the description of that land pursuant to 5.3.1 that such land is proposed for hydro-electric and water storage projects.

5.16.3 If any Parcel of Settlement Land bearing the notation referred to in 5.16.2 is registered in the Yukon Land Titles Office, the notation shall be noted on the title by way of caveat.

5.16.4 Chapter 7 - Expropriation shall apply to the expropriation of any land bearing such notation or caveat.

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