Declaration of Public Utility (DUP) on Rennes Métropole

This layer of polygons lists the perimeters of Declaration of Public Utility (DUP) on Rennes Métropole. A Declaration of Public Utility (DUP) is an administrative procedure that makes it possible to carry out a development operation, such as the creation of a communication infrastructure, a school or a subdivision, for example, on private land by expropriating them, precisely because of public utility. It is obtained as a result of a public interest investigation. This procedure is necessary under the Civil Code, which provides (Article 545) that “no one may be forced to transfer his property except for public utility and for fair and prior compensation.” The declaration of public utility is part of the administrative phase of the expropriation procedure for public utility, managed by the Code of Expropriation “for public utility”. For example, it does not cover the determination of the compensation, which is part of the judicial phase. Conduct of the procedure: The Prefect initiates (by prefectural order) a public inquiry to obtain the opinion of the persons concerned. This investigation must last at least 15 days if the procedure depends on the expropriation code and at least one month if it is based on the environmental code2. In the latter case, the survey is based on an impact assessment when it comes to large projects. In particular, the public inquiry allows the owner of a property concerned by the expropriation to challenge the public utility of the proposed transaction. Opinions are considered by a commission and/or an investigator who formulates an opinion containing conclusions, either favourable or unfavourable, on the draft. After the end of the investigation, the public authorities may issue the declaration of public utility. It must take the form of a decree in the Council of State for the most important operations (construction of a motorway, a railway line...). In the case of smaller transactions, if the findings of the investigation are favourable, the declaration may be the subject of a simple ministerial or prefectural order. The decree or decree specifies the length of time during which the declaration remains valid and therefore allows expropriations to be carried out. This data comes from the information collected from the municipalities of Rennes Métropole (via the Sols Law department, supplemented occasionally by territorial urban planners) or from data managers, in the current state of knowledge. The attribute “observations” available in the database specifies the validity of the information. This layer contains archived data. They are identifiable via the field named “archive” entered by “true”.