Declaration of Public Utility (DUP) on Rennes Métropole

This layer of polygons lists the perimeters of Declaration of Public Utility (DUP) on Rennes Métropole. A Declaration of Public Utility (DUP) is an administrative procedure that makes it possible to carry out a development operation, such as the creation of a communication infrastructure, a school or a subdivision, for example, on private land by expropriating them, precisely because of public utility. It is obtained after a public utility inquiry. This procedure is necessary under the Civil Code, which provides (art. 545) that “no one may be forced to transfer his property, except for the sake of public utility and for fair and prior compensation.” The declaration of public utility is part of the administrative phase of the public utility expropriation procedure, administered the Code of Expropriation “for reasons of public utility”. It does not cover, for example, the determination of compensation, which falls within the judicial phase. Conduct of the procedure: The Prefect launches (by prefectural order) a public inquiry to obtain the views of interested persons. The investigation must last at least 15 days if the procedure depends on the expropriation code and at least one month if it is based on the Environmental Code2. In the latter case, the survey is based on an impact assessment when it comes to large projects. In particular, the public inquiry allows the owner of property concerned by the expropriation to challenge the public utility of the proposed transaction. Opinions shall be examined by a committee and/or by a Commissioner-Investigator who formulates an opinion containing conclusions, whether favourable or unfavourable, on the draft. After the completion of the investigation, the public authorities may issue the declaration of public utility. This must take the form of a decree in the Council of State for the most important operations (construction of a motorway, a railway line...). In the case of smaller transactions, if the findings of the investigation are favourable, the declaration may be the subject of a mere ministerial or prefectural order. The decree or decree specifies the duration for which the declaration remains valid and thus allows for expropriations. This data is derived from information retrieved from the municipalities of Rennes Métropole (via the Sols Law department, supplemented occasionally by territorial urban planners) or from data managers, in the current state of knowledge. The “observations” attribute available in the database specifies the validity of the information. This layer contains archived data. They are identifiable via the field named “archive” entered by “true”.