Section 2: Authorisation to occupy the public domain constituting rights in rem

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…

The real right conferred by the title, the works, constructions and installations of an immovable nature may not be assigned, or transferred in the context of inter vivos transfers or mergers, takeovers or demergers of companies, for the remaining period of validity of the title, including in the case of the realisation of the security relating to the said rights and property and in the cases provided for in the…

The right in rem over the title, works, constructions and installations may only be mortgaged to guarantee loans taken out by the holder of the authorisation with a view to financing the construction, modification or extension of works, constructions and installations of a real estate nature located on the occupied state-owned property. Unsecured creditors other than those whose claim has arisen from the execution of the works mentioned in the…

At the end of the occupation title, the immovable works, constructions and installations existing on the occupied public property must be demolished, either by the holder of the authorisation or at his expense, unless their maintenance in this state has been expressly provided for in the occupation title or the competent authority waives all or part of their demolition. The immovable works, constructions and installations whose retention at the end…

The provisions of articles L. 1311-5 to L. 1311-7 are not applicable to the natural public domain.