Dataset information
Available languages
French
Dataset description
The generator of a public easement is a geographical entity whose nature or function induced, by virtue of regulations, constraints on the way the land is occupied on the surrounding land.
The disappearance or destruction on the site of the generator does not result in the removal of the easement(s) associated with it. Only a new act of annulment or repeal by the competent authority may legally remove the effects of the easement(s) in question.
The easement relating to the exploration or exploitation of mines and quarries allows the establishment of two types of easement:
Easements of Occupancy
With the exception of land adjoining or enclosed by walls or with equivalent fences, it is possible for mine operators to occupy the land necessary for the operation of its mine and the facilities necessary for it, including:
1. emergency installations such as wells and galleries to facilitate aeration and flow of water;
2. workshops for the preparation, washing and concentration of fuels and minerals extracted from the mine;
3. facilities for the storage and storage of products and wastes resulting from the above-mentioned activities;
4. canals, roads, railways and any surface works intended for the transport of the above-mentioned products and wastes, or of products destined for the mine.
This easement shall also apply to explorers for the performance of their work within the parcels covered by their right to exploration, as well as to holders of an exclusive research permit for carrying out, within the perimeter of the permit, research work and the establishment of facilities for the conservation and disposal of products extracted or intended for the work.
Such easements may also be instituted, subject to a declaration of public utility, outside the aforementioned permits.
Note, however, that for mines:
• in walled pens, courtyards and gardens, no right of research or exploitation shall, without the consent of the owner of the surface, be authorised to conduct surveys, to open wells or galleries, or to establish machinery, workshops or shops.
• wells, boreholes of more than 100 metres and galleries, with the exception of those for low-temperature geothermal gites, may not be opened within a radius of 50 metres of the dwellings and of the land included in the walled fences adjoining them, without the consent of the owners of those dwellings.
Easements of passage
Possibility for the beneficiary of a mining title, within the scope defined by that title and, outside it, a declaration of public utility made in the forms provided for in Title II of Book I of the Code of Expropriation for public utility:
1. to permanently establish, at a minimum height of 4.75 metres above the ground, conveying cables, pipes or equipment and the masts and masts necessary for their support;
2. to bury cables or pipes at a depth of not less than 0,50 metres and to establish structures of less than 4 square metres of surface necessary for the operation of such cables or pipes and the boundary terminals;
3. to clear the soil from any trees, shrubs or other obstacles.
The width of the strip of land subject to easements is fixed within five metres by the prefectural decree or the declaratory act of public utility.
In addition, a strip of land, known as ‘broadband’, comprising the band provided for above and not exceeding a width of 15 metres, shall be determined under the same conditions, over which the persons responsible for setting up, monitoring, maintaining, repairing or removing the equipment referred to above are permitted to pass through the equipment used for that purpose.
In forest land, sprawling may, if necessary, be allowed up to the limits of the broadband.
These two types of easements may also be established for the benefit of the holder of a quarry substance search authorisation in the absence of the consent of the owner of the prospecting land or an exclusive quarry permit, within a special quarry area.
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