I. – Local authorities may issue authorisations for temporary occupation of their public property, constituting rights in rem, with a view to carrying out an operation of general interest falling within their remit. The holder of such a title has a right in rem in respect of the immovable works, constructions and installations that it builds in order to carry out this activity.
This right in rem confers on its holder, for the duration of the authorisation and under the conditions and within the limits specified in this section, the prerogatives and obligations of the owner.
The title sets the duration of the authorisation, depending on the nature of the activity and that of the works authorised, and taking into account the importance of the latter, but not exceeding seventy years.
These provisions apply to the public groupings and establishments of the territorial authorities, both for their own public domain and for that made available to them.
II. – In ports and airports, activities relating to the operation of the port or airport or which are likely to contribute to their animation or development are deemed to satisfy the condition of local public interest mentioned in the first paragraph of I.
III. – Local authorities may not use these authorisations for temporary occupation constituting rights in rem for the execution of works, the delivery of supplies, the provision of services, or the management of a public service mission, with economic consideration consisting of a price or a right of use, on their behalf or for their needs.
In the event that an authorisation for temporary occupation constituting rights in rem is required for the performance of a public procurement contract, this contract will set out, in compliance with the provisions of I and the General Code of the Ownership of Public Persons, the conditions for the occupation of the domain.
IV. – The buildings referred to in this article may be leased. In this case, the contract must include clauses to ensure that the requirements of the public service are maintained.