Dataset information
Available languages
French
Keywords
WMS 1.3.0, WMS 1.1.1
Dataset description
The generator of a public utility easement is a geographical entity whose nature or function induces, under the effect of regulation, constraints on the methods of land use of the surrounding land.
The disappearance or destruction on the ground of the generator does not result in the removal of the servitude(s) associated with it. Only a new act of annulment or repeal taken by the competent authority can legally remove the effects of the easement(s) in question.
Category EL7 easements relate to highway alignment easements.
Alignment is the determination by the administrative authority of the boundary of the public road domain to the law of riparian properties. It is fixed either by an alignment plan or by an individual alignment order. It constitutes, for the authority responsible for the road concerned, a means of protection against encroachments of riparian properties.
The easements of public utility are derived from the alignment plan. It makes it possible to modify the base of public roads by moving the pre-existing boundaries and thus constitutes a legal means of widening and modernising public roads.
Individual alignment, for its part, can only recognise the limit of the public road domain in relation to riparian properties. Alignment orders, which are purely declarative and not rights-creating acts, shall be issued in accordance with the alignment plan if there is one, or, if not, at the de facto limit of the way.
The alignment plan has different consequences depending on whether the properties are built or not.
— For unbuilt land, upon publication, the plan assigns ownership to the community that owns the track. Parcels of unbuilt land are immediately classified in the public domain of the community that owns the track. At the time of the transfer of ownership, the indemnity is, in the absence of an amicable agreement, fixed and paid as in matters of expropriation.
— For built land, the soil of the built properties will be assigned as soon as the building is destroyed.
In addition, they are hit by a backsliding servitude which assumes for the owner:
• the prohibition of carrying out, on the part affected by alignment, the construction of any new construction (servitude non aedificandi). However, special rules relating to protrusions, that is to say certain decorative or utilitarian parts of the building bordering the public road, are laid down in by-laws laying down road regulations adopted by the prefect, the president of the general council or the mayor, depending on whether it is a national road, a departmental road or a municipal road. These decrees set the maximum dimensions of the authorised projections.
• the prohibition of carrying out any comfort work on aligned buildings (non-comfortandi Servitude). This prohibition does not apply if it is a building classified as a historical monument.
Landowners of public roadways have a priority for the acquisition of parcels under the right of their property and decommissioned as a result of a change in the route of those roads, the opening of a new track or a modification of the alignment. The transfer price is estimated, in the absence of an amicable agreement, as in the case of expropriation.
This resource describes the linear generators of the EL7 easements, i.e. highways
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