BOOK III: EQUIPMENT AND FACILITIES

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.

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…

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…

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…

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…

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…

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…

Improvements made after the date defined in article L. 342-25 are presumed to have been made with the aim of obtaining higher compensation, in the absence of proof to the contrary. In order to establish the condition of the property on the date of the decision instituting the easement, an inventory of fixtures, requested by the most diligent party, shall be drawn up as soon as the easement is created.

When the easement instituted in application of articles L. 342-20 to L. 342-23 is likely to seriously compromise the agricultural or forestry use of the encumbered land, its owner(s) may, from the date of publication of the deed creating the easement, give formal notice to its beneficiary to acquire the encumbered land under the conditions and within the timeframes set out in articles L. 230-1 et seq. of the town…