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Article L342-17 of the French Tourism Code

I. – The design, construction and modification of ski lifts, the way in which they are operated and the checks carried out to ensure that they are in good working order are subject to administrative and technical safety rules and to the supervision of officials from the Ministry of Transport. II. – For the construction and substantial modification of a ski lift, the project owner entrusts the project management to…

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Article L342-17-1 of the French Tourism Code

The provisions of article L. 342-17 apply to conveyers providing transport for tourism or sport in mountain resorts. In addition, before being put into operation, this equipment is subject to the authorisation provided for by Article L. 445-1 of the French Town Planning Code. The conditions for the application of this article are specified by a Conseil d’Etat decree.

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Article L342-18 of the French Tourism Code

The easement provided for in articles L. 342-20 to L. 342-23 may only be established within the zones and sectors defined in local town planning schemes. This provision does not apply to easements established to facilitate cross-country skiing or access to mountaineering and climbing sites in mountain areas and to nature sports within the meaning of L. 311-1 of the French Sports Code, as well as access to mountain refuges.

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Article L342-19 of the French Tourism Code

In municipalities classified as winter sports and mountaineering resorts and having a land use plan that was enforceable on 10 January 1985 or a local town planning plan, the provisions of article L. 342-18 apply from the date of approval of the amendment or revision of this plan.

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Article L342-20 of the French Tourism Code

Private property or property forming part of the private domain of a public authority may be encumbered, for the benefit of the commune, group of communes, département or mixed syndicate concerned, by an easement intended to ensure the passage, development and equipment of downhill ski runs and Nordic sites intended for organised non-motorised snow sports, the overflight of land where ski lifts are to be installed, the installation of line…

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Article L342-21 of the French Tourism Code

The easement is created by a reasoned decision of the competent administrative authority on a proposal from the deliberative body of the commune, group of communes, département or mixed syndicate concerned, following a survey of the land carried out in the same way as for expropriation. In the event of opposition from the municipal council of an interested municipality, the easement is created by decree of the Conseil d’Etat. The…

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Article L342-22 of the French Tourism Code

This decision defines the route, width and characteristics of the easement, as well as the conditions to which completion of the work is subject. Where applicable, it defines the conditions and any protective measures to which the creation of the easement is subject and the obligations to which the beneficiary is bound as a result of the establishment of the easement. It also defines the periods of the year during…

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Article L342-23 of the French Tourism Code

The easement may not encumber land located less than twenty metres from buildings used for residential or professional purposes that were built or whose construction was authorised before the date of demarcation of the zones and sectors provided for in article L. 151-38 of the town planning code, nor land adjoining dwellings and enclosed by walls at the date of this demarcation except : -where the construction of the said…

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Article L342-24 of the French Tourism Code

The easement instituted by virtue of articles L. 342-20 to L. 342-23 gives rise to a right to compensation if the owner of the land or the operator suffers direct, material and certain damage as a result. This compensation is payable by the beneficiary of the easement. Claims for compensation must be submitted to the commune, group of communes, département or syndicat mixte benefiting from the easement within one year…

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Article L342-25 of the French Tourism Code

In the absence of an amicable agreement, compensation is set by the expropriation judge on the basis of : 1° The value of the property at the date of the decision establishing the easement, based on the impact on its normal use and the changes made to the previous state of the site; 2° Whether they qualify as building land within the meaning of article L. 322-3 of the French…

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