The expropriation of buildings, parts of buildings, private roads with a public right of way, installations and land that have been declared to be in a state of manifest abandonment may be pursued under the conditions set out in this article.
The mayor puts together a file presenting the simplified public acquisition project, as well as a summary assessment of its cost, which is made available to the public, for a minimum period of one month, who are called upon to make their observations under conditions specified by the deliberation of the town council.
At the request of the mayor, or if the mayor does not initiate the procedure referred to in the second paragraph within six months of the declaration of manifest abandonment, the president of the public inter-communal cooperation body responsible for housing, of which the municipality is a member, or of the departmental council for the location of the property, may compile a file presenting the simplified plan for public acquisition, as well as a summary assessment of its cost, which is made available to the public, for a minimum period of one month, who are called upon to formulate their observations under conditions specified by the deliberation of the deliberating body of the public establishment of inter-communal cooperation or of the department.
By way of derogation from the provisions of the code de l’expropriation pour cause d’utilité publique, the representative of the State in the department, in the light of the file and the comments of the public, by order:
1° Declares that the project referred to in the second or third paragraphs is in the public interest and determines the list of buildings or parts of buildings, plots of land or rights in rem in immovable property to be expropriated and the identity of the owners or holders of these rights in rem;
2° Declares that the said buildings, parts of buildings, plots of land or rights in rem in immovable property concerned are transferable ;
3° Indicates the beneficiary in whose favour the expropriation is pursued;
4° Fixes the amount of the provisional compensation allocated to the owners or holders of rights in rem in immovable property, which compensation may not be less than the valuation carried out by the service responsible for the estates;
5° Fixes the date on which possession may be taken after payment or, in the event of an obstacle to payment, after deposit of the provisional compensation. This date must be at least two months after publication of the decree declaring the project to be in the public interest.
This decree is published in the recueil des actes administratifs of the department and displayed at the town hall of the location of the property. It is notified to the owners and holders of real property rights.
Within one month of taking possession, the expropriating authority is required to continue the expropriation procedure under the conditions provided for by the code de l’expropriation pour cause d’utilité publique.
The expropriation order or the amicable transfer granted after the intervention of the order provided for in this article produces the effects referred to in article L. 222-2 of the code de l’expropriation pour cause d’utilité publique.
The procedures for transferring ownership of buildings or rights in rem in immovable property and compensating owners are governed by the code de l’expropriation pour cause d’utilité publique.