I. – The public persons defined in the first paragraph of Article L. 2573-29 and their concessionaires, to whom the interested owners have not given the necessary facilities for the establishment, operation or maintenance of underground drinking water, waste water or rainwater drainage pipes, may obtain the establishment of the easement provided for in the said article, under the conditions determined below.
II. – Unless otherwise provided by the order of the High Commissioner of the Republic provided for in X deciding, in the interests of the operation of the parcel through which the pipeline passes, that the easement does not entail some of the effects listed in this article, the easement gives its beneficiary the right:
1° To bury in a strip of land, the width of which shall be determined by the High Commissioner of the Republic, but which may not exceed three metres, one or more pipelines, with a minimum height of 0.60 metres being maintained between the upper generatrix of the pipelines and ground level after the work has been carried out ;
2° To clear, in the strip of land provided for in 1° above and, where applicable, in a wider strip determined by order of the High Commissioner of the Republic, any trees likely to interfere with the establishment and maintenance of the pipeline;
3° To gain access to the land in which the pipeline is buried, the agents responsible for inspection being granted the same right of access;
4° To carry out any maintenance and repair work in accordance with the provisions of XIV.
III. – The easement obliges the owners and their assignees to refrain from any action likely to interfere with the proper operation, maintenance and conservation of the structure.
IV. – The legal entity governed by public law that is the owner of the structure or its concessionaire, which requests the benefit of Article L. 2573-29, shall send a request to this effect to the High Commissioner of the Republic.
Appended to this request shall be:
1° A note giving all useful details of the purpose of the works and their technical nature;
2° A plan of the planned works;
3° A plot plan of the land on which the establishment of the easement is envisaged, with an indication of the route of the pipelines to be established, the minimum depth to which the pipelines will be laid, the width of the strips provided for in 1° and 2° of II and all other elements of the easement. These elements must be determined in such a way that the pipeline is laid in the most rational manner and that the least possible prejudice is caused to the present and future conditions of use of the land;
4° The list of owners by commune, drawn up with the help of extracts from cadastral documents issued by the land registry service or with the help of information issued by the land registry service on the basis of the real estate file or by any other means.
V. – After consultation with the President of French Polynesia, the High Commissioner of the Republic prescribes, by order, the opening of an enquiry in each of the communes where the land to be encumbered by the easement is located and appoints an enquiry commissioner.
An extract of the file comprising, for each of the communes concerned, the documents listed in IV is deposited, for at least eight days, at the town hall.
VI. – Notice of the opening of the enquiry is published at least eight days before the date of the opening, by a notice posted on the door of the town hall; this notice provides all useful information about the enquiry, in particular its purpose, its duration and the conditions under which the public may consult the file. The mayor will certify that this notice has been posted.
VII. – Individual notification of the filing of the file is made by the applicant to the interested owners, in the forms and under the conditions provided for in articles R. 131-6 et R. 131-7 du code de l’expropriation.
This notification includes a mention of the amount of compensation proposed as reparation for the loss caused by the establishment of the easement and by any difficulties that may arise.
VIII. – During the filing period provided for in V, complaints and observations may either be recorded by interested parties directly in the enquiry register drawn up on loose-leaf sheets marked and initialled by the mayor, or sent in writing to the mayor or to the investigating commissioner, who will attach them to the said register.
At the end of the said period, the enquiry register is closed and signed by the mayor and transmitted, within twenty-four hours, with the enquiry file, to the investigating commissioner.
The investigating commissioner, within fifteen days, draws up the minutes of these operations and, after having heard any persons likely to enlighten him, transmits the file with his opinion to the High Commissioner of the Republic.
IX. – If the investigating commissioner proposes modifications to the route or definition of the easements and if these modifications tend to apply the easement to new properties or to aggravate the easement previously provided for, direct notification thereof shall be made by the applicant to the interested parties in the forms provided for in VII.
The interested parties have a further period of eight days in which to inspect the amended plan at the town hall and present their observations.
At the end of this period, the investigating commissioner, within a maximum of eight days, forwards the file with his conclusions to the High Commissioner of the Republic.
X. – The High Commissioner of the Republic shall decide by decree on the establishment of the easements. In the decree, the properties shall be designated and the identity of the owners shall be specified in accordance with the applicable provisions of the Code de l’expropriation pour cause d’utilité publique.
In the event that the definition of the route and easements by the Prefect should be different from that submitted for investigation and should aggravate it, the provisions of IX relating to a new consultation of the interested parties and the investigating commissioner shall apply.
XI. – The High Commissioner’s order shall be notified to the applicant, posted in the town hall of each commune concerned and sent to the President of French Polynesia for information.
It shall also be notified to each owner, at the applicant’s request, by registered letter with acknowledgement of receipt.
In the event that an interested owner cannot be reached, notification shall be made to the farmer, tenant, caretaker or manager of the property or, failing this, to the mayor of the commune where the property is located.
XII. – When the works are subject to a declaration of public utility and the applicant is able, prior to the declaration, to determine the parcels of land that will be encumbered by the easement and to provide the precise route of the pipelines to be laid, the enquiry provided for by the provisions of V to IX may be carried out at the same time as the land survey with which it may be confused.
XIII. – The amount of compensation due as a result of the establishment of the easement is set in accordance with the provisions in force for expropriation in the public interest; it covers the loss suffered as a result of the permanent reduction in the rights of the owners of the encumbered land.
XIV. – The date of commencement of work on land subject to easements is notified to the owners and operators at least eight days before the planned date of commencement of the work. An inventory of fixtures must, if necessary, be drawn up by both parties with a view to establishing any damage that may result from the said works.
In the absence of an amicable agreement, compensation for damage resulting from the works shall be determined by the administrative court in the first instance.
XV. – If the rejection of a building permit application is due to the exercise of the right of easement in the parcel in question, its owner may request its total acquisition by the project owner, either amicably or by expropriation. If planning permission is granted subject to relocation of the pipelines, the costs of such relocation shall be borne by the beneficiary of the easement.
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