4Taking land for highways

4 Taking land for highways

(1)  The Crown, or any authority empowered to take land for a road, street, or other kind of highway, may, in lieu of taking land, acquire for the public the right to pass and repass over the land by the same process and form, as nearly as may be, as that by which it may take land.

(2)  When a public right to pass and repass is acquired under this section, the Crown, or the authority acquiring the right for the public, may enter on the land subject to the right and carry out works thereon for the more convenient use of the highway, and, from its first entry until completion of the works, exclude all persons therefrom as if it were the owner thereof.