Description

Category EL5 easements concern visibility easements on public roads. Properties adjacent to or adjacent to highways, located near crossings, bends or points that are dangerous or inconvenient to public traffic may be subject to easements intended to ensure better visibility. A clearance plan determines, for each parcel, the lands on which visibility easements are exercised and defines these easements. Visibility easements shall include, as the case may be, • the obligation to remove fence walls or replace them with grids, to remove annoying plantations, to reduce and maintain the terrain and any superstructure to a level not more than the level set by the clearance plan; • the absolute prohibition of building, placing fences, filling, planting and making any installations above the level set by the clearance plan; • the right of the track managing authority to resection the slopes, embankments and any natural obstacles in order to achieve satisfactory conditions of view. Any infringement of the decommitment plan constitutes a contravention the enforcement of which is prosecuted in accordance with Articles L. 116-1 to L. 116-8 of the Highway Traffic Code. This is a continuous infringement, which persists as long as the constructions at issue remain (Cass. crim., 6 March 1958). The establishment of visibility easements provides for the benefit of the owner entitled to compensation for the direct, material and certain damage resulting therefrom. In the absence of an amicable agreement, compensation shall be fixed and paid as in the case of expropriation. This resource describes surface generators of grade EL5 easements, i.e. parcels near crossings, bends or points dangerous or inconvenient to public traffic Source: —NR— Vintage: —NR— Dissemination: Restricted

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Name	Format	Description	Link
	0		http://atom.geo-ide.developpement-durable.gouv.fr/atomMetadata/GetResourceDescription?id=5670e789-d186-45c0-ba76-ad12e61c2c2e

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