Public utility easements (SUPs) are administrative limitations on the right to property, they are established for the benefit of public persons, concessionaires of public works or public works, private persons engaged in an activity in the public interest. The collection and conservation of public utility easements is a sovereign task of the State, which must bring them to the attention of local and regional authorities so that they may annex them to their urban planning documents. The public utility easements concerned are those defined by Articles L. 126-1 and R. 126-1 of the Urban Planning Code and their annexes.
Type I4 SUPs result from the easements provided for in paragraphs 1, 2, 3 and 4 of section 12 concerning all electrical energy distributions:
— anchorage easement to permanently establish brackets and anchorages for overhead electric conductors,
— overhang easement allowing electric conductors to pass over private property,
— passage or support easement to permanently establish underground pipes,
— pruning and logging easement of trees
These are easements that do not result in any dispossession of the owner who retains the right to demolish, repair, raise, close or build, subject to notifying the concessionaire one month before commencing the work.
easements are established:
by amicable agreement between the applicant and the owners concerned by any of the easements
— failing that, by prefectural decree taken:
•on a request addressed to the Prefect specifying the nature and extent of the easements to be established,
•in the light of a plan and a parcel state per commune indicating the properties to be attained by easements,
•after approval by the Prefect of the detailed draft of the lines,
•after public inquiry
and notified to the applicant, each operator and each owner concerned
Reference texts in force:
—law of 15 June 1906 (Arts 12 and 12a) as amended,
—finance Law of 13 July 1925 (Art. 298),
—law No 46-628 of 8 April 1946 (Art. 35) as amended,
Decree No 67-886 of 6 October 1967 (Articles 1 to 4),
Decree No 70-492 of 1 June 1970 as amended.
link to Articles L. 323-3 et seq. of the Energy Code:
http://www.legifrance.gouv.fr/affichCode.do;jsessionid=37816A6873ECB1B0B09B69052F5398BF.tpdjo15v_3?idSectionTA=LEGISCTA000023986540&cidTexte=LEGITEXT000023983208&dateTexte=20160101
link to SUP scanning guide: http://www.geomatique-aln.fr/spip.php?article296
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