Dataset Direct Download Service (WFS): Table containing surface plates related to grade A3 easements (passing mechanical equipment for the maintenance and deposition of curing products) in Haut-Rhin

Category A3 easements relate to easements for the passage of mechanical machinery for the maintenance and deposition of curing and falging products attached to irrigation canals and sewerage outlets. Pursuant to the provisions of Article L. 152-7 of the Rural and Maritime Fisheries Code: ‘The residents of those sections of irrigation canals for which the application of the provisions of this section has been declared to be of public utility shall be required to permit the free passage and use on their properties, within a width of four metres from the shore, of mechanical equipment used for maintenance operations. They must also allow the deposition of curing and falging products in certain places. In these places, the encumbered area of easement can reach twice the width between the opposite banks of the reprofiled canal”. Article L. 152-13 of the Rural and Maritime Fisheries Code makes this easement applicable to sewerage emissaries who, not having the character of natural watercourses, are excluded from the provisions relating to easements on the banks of non-Domanial watercourses. Land built or enclosed by walls, courtyards and gardens adjacent to the dwellings on the date of publication of the deed prescribing the investigation prior to the declaration of public utility are exempt from easements of passage and deposit. Within areas subject to easements: • any new construction, any fixed fence elevation, any planting is subject to prefectural authorisation; constructions, fences or plantations erected without such authorisation may be removed at the discretion of the canal manager, at the discretion of the prefect; • owners of fences, trees and shrubs existing in bonded areas prior to the publication of the act prescribing the investigation prior to the declaration of public utility may be called upon by the Prefect to remove those fences, trees and shrubs. This abolition gives rise to the right to compensation. In the event of non-performance, fences, trees and shrubs may be removed at the expense of the owners by the managing body of the canal, at the discretion of the prefect. This ex officio performance does not remove the right to compensation; • in the event that a fence, the removal of which is not ordered, must be moved to permit the passage of the mechanical equipment, its movement and repositioning shall be the responsibility of the community or the body responsible for maintaining the canal. The establishment and exercise of this easement is entitled to compensation, the disputes of which are judged to be in matters of expropriation on the grounds of public utility. The provisions of Articles L. 152-7 and L. 152-11 of the Rural and Maritime Fisheries Code, relating to a easement of mechanical gear on land bordering certain irrigation canals and an easement of depots, are applicable to those of sewerage enclosures which, not having the character of natural watercourses, are excluded from the benefit of the provisions relating to easements on the banks of non-domanial watercourses. This resource describes the surface plates of grade A3 easements, i.e. gear passage areas and disposal areas for curing and falking products.