Simple download service (Atom) of the dataset: Generators related to the EL7 bondage in Seine-et-Marne

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Dataset information

Country of origin
Updated
2022.03.24 00:00
Created
Available languages
French
Keywords
Quality scoring
165

Dataset description

Alignment is the determination by the administrative authority of the limit of the road public domain to property law riparians. It shall be fixed either by an alignment plan or by an individual alignment order. It constitutes, for the authority responsible for the road concerned, a means of protection against encroachment of riparian properties. Utility easements are derived from the alignment plan. This makes it possible to change the base of public roads by shifting the pre-existing limits and thus constitutes a legal means of enlargement and modernisation of public roads. Individual alignment can only recognise the limit of the road public domain in relation to properties riparians. Alignment orders, which are purely declaratory and non-rights-creating acts, are issued in accordance with the alignment plan if one exists, or otherwise at the de facto limit of the track. The alignment plan has different consequences depending on whether the properties are built or not. For unbuilt land, the plan assigns, upon publication, the property to the community that owns the track. The plots of unbuilt land are thus immediately classified in the public domain of the owner community from the lane. On the transfer of ownership, the compensation shall be fixed and paid as in the absence of an amicable agreement. matters of expropriation. For built land, the soil of built properties will be assigned as soon as the building is destroyed. They are also subject to a recuperation bondage which requires the owner to: • prohibition on the construction of any new construction on the part affected by alignment (servitude non aedificandi). However, specific rules on projections, i.e. certain parts decorative or utilitarian buildings along the highway, are provided for in by-laws by-laws made by the prefect, the chairman of the general council or the mayor, depending on whether it is a national road, a departmental road or a municipal road. These by-laws lay down the dimensions of maximum allowable projections. • prohibition of performing any comfort work on buildings affected by alignment (non-confortandi service). This prohibition does not apply in the case of a building classified as a historic monument. Landowners on public roadways have priority for the acquisition of parcels located the right of their ownership and decommissioned as a result of a change in the layout of those tracks, the opening of a track new or modified alignment. The transfer price is estimated, in the absence of an amicable agreement, as in matters of expropriation.
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