French Public Health Code
In forceI.-Where, on or in land, buildings or structures, the man-made presence of radioactive substances is likely to cause exposure of persons to ionising radiation or emissions of radioactive substances justifying radiation protection monitoring, or where there are serious grounds for suspecting this, public utility easements may be instituted and include, in order to prevent or limit these risks and inconveniences:
1° Prohibiting or limiting certain uses, or making them subject to compliance with technical specifications;
2° Prohibiting or restricting the right to erect buildings or structures, demolish, clear land, carry out works, develop land or carry out excavations, or making them subject to compliance with technical requirements;
3° Prescription of radiological monitoring measures.
These public utility easements may not force the demolition or abandonment of existing buildings or structures built in compliance with the legislative and regulatory provisions in force prior to the establishment of these easements.
II - Public utility easements are drawn up by the representative of the State in the department after consultation with the Nuclear Safety Authority and the municipalities in which the land, buildings or structures are located.
The owners of the land, buildings or structures concerned, the holders of rights in rem or their assignees are consulted on the draft order. They are informed of the reasons for the proposed easements. They may make their observations known within a period of not less than one month. This period does not apply in the event of an emergency justified on grounds of public safety, health or hygiene.
However, where justified by the size of the surface area or the number of owners concerned, the project defining the public easements is not subject to the provisions of the previous paragraph, but is subject to a public enquiry in accordance with the provisions of Chapter III of Title II of Book I of the Environment Code, and to the opinion of the municipal councils of the municipalities in which the land, buildings or structures are located.
III - Public utility easements are appended to the local town planning plan or the local map in accordance with the conditions set out in article L. 126-1 of the town planning code.
Landlords inform tenants and farmers of these public utility easements.
IV -Where the establishment of the public utility easements provided for in this article results in direct, material and certain damage, it shall give rise to a right to compensation for the benefit of the owners, holders of real rights or their successors in title, at the expense of those responsible for the presence of the radioactive substances.
The request for compensation must be sent to the party responsible for the presence of the radioactive substances within three years of notification of the decision establishing the easement. In the absence of an amicable agreement, compensation is set by the expropriation judge.
The loss is estimated as at the date of the first instance decision. However, only the possible use of the buildings and property rights one year prior to the written consultation or the opening of the public enquiry provided for in II is taken into consideration. Whether or not the land qualifies as building land is assessed in accordance with the provisions of article L. 322-3 of the French Code de l'expropriation pour cause d'utilité publique.
The judge limits or refuses compensation if the acquisition of rights to a plot of land has, due to the time at which it took place or any other circumstance, been made with the aim of obtaining compensation.
