SUP EL7 — Meurthe-et-Moselle Public Road Alignment Servitude

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. Class EL7 easements relate to highway alignment easements. Alignment is the determination by the administrative authority of the limit of the road public domain to the law of riparian properties. It shall be 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 encroachment of riparian properties. Utility easements are derived from the alignment plan. This makes it possible to change the basis of public roads by shifting the pre-existing limits and thus constitutes a legal means of widening and modernising public roads. Individual alignment can only recognise the limit of the road public domain in relation to riparian properties. Alignment orders, which are purely declaratory and non-rights-creating acts, shall be issued in accordance with the alignment plan if one exists, or otherwise at the de facto limit of the track. The alignment plan has different consequences depending on whether the properties are built or not. — For unbuilt land, as soon as it is published, the plan assigns the property to the community that owns the track. Parcels of unbuilt land are thus immediately classified into the public domain of the community that owns the track. In the event of the transfer of ownership, compensation shall be fixed and paid as in the case of expropriation in the absence of an amicable agreement. — For built land, the soil of built properties will be assigned as soon as the building is destroyed. They are also subject to a recuperation bondage which requires the owner to: • prohibition on the construction of any new construction on the part affected by alignment (non aedificandi service). However, special rules relating to projections, i.e. certain decorative or utilitarian parts of the building along the highway, are laid down in by-laws by the prefect, the chairman of the general council or the mayor, depending on whether it is a national road, a departmental road or a municipal road. These by-laws set the maximum dimensions of the authorised projections. • prohibition of performing any comfort work on buildings affected by alignment (non-confortandi service). This prohibition does not apply in the case of a building classified as a historic monument. Riparian landowners of public roadways have priority for the acquisition of parcels to the right of their property and decommissioned as a result of a change in the layout of those lanes, the opening of a new track or a change in alignment. The transfer price is estimated, in the absence of an amicable agreement, as in the case of expropriation. This resource describes linear generators of EL7 easements, i.e. public roads