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Déclaration D'utilité Publique
A ''déclaration d'utilité publique'', or declaration of public utility, is a formal recognition in French law that a proposed project has public benefits. The declaration must be obtained for many large construction projects in France, especially for infrastructure, before work can begin. Process The first part of the declaration is a public inquiry, usually started by a prefect, to collect the views of all affected parties. Responses from affected parties are considered by a commissioner, who assesses whether the proposal has an overall benefit for the public. If the finding is favourable, the declaration is granted by decree. Legal basis The ''déclaration d'utilité publique'' was initially required by article 545 of the Civil Code, which stipulates that property cannot be confiscated except for public purposes and with fair compensation. See also * Eminent domain Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase ...
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French Law
The Law of France refers to the legal system in the French Republic, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the French legal codes is the Napoleonic Civil Code, which inspired the civil codes of Europe and later across the world. The Constitution of France adopted in 1958 is the supreme law in France. European Union law is becoming increasingly important in France, as in other EU member states. In academic terms, French law can be divided into two main categories: private law (''Droit privé'') and public law (''droit public''). This differs from the traditional common law concepts in which the main distinction is between criminal law and civil law. Private law governs relationships between individuals. It includes, in particular: * Civil law ('). This branch refers to the field of private law in common law systems. This branch encompasses the fields of inheritance ...
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France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pacific and Indian Oceans. Its Metropolitan France, metropolitan area extends from the Rhine to the Atlantic Ocean and from the Mediterranean Sea to the English Channel and the North Sea; overseas territories include French Guiana in South America, Saint Pierre and Miquelon in the North Atlantic, the French West Indies, and many islands in Oceania and the Indian Ocean. Due to its several coastal territories, France has the largest exclusive economic zone in the world. France borders Belgium, Luxembourg, Germany, Switzerland, Monaco, Italy, Andorra, and Spain in continental Europe, as well as the Kingdom of the Netherlands, Netherlands, Suriname, and Brazil in the Americas via its overseas territories in French Guiana and Saint Martin (island), ...
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Public Inquiry
A tribunal of inquiry is an official review of events or actions ordered by a government body. In many common law countries, such as the United Kingdom, Republic of Ireland, Ireland, Australia and Canada, such a public inquiry differs from a royal commission in that a public inquiry accepts evidence and conducts its hearings in a more public forum and focuses on a more specific occurrence. Interested members of the public and organisations may make (written) evidential submissions, as is the case with most inquiries, and also listen to oral evidence given by other parties. Typical events for a public inquiry are those that cause multiple deaths, such as public transport crashes or mass murders. In addition, in the United Kingdom, UK, the Planning Inspectorate, an agency of the Department for Communities and Local Government, routinely holds public inquiries into a range of major and lesser land use developments, including highways and other transport proposals. Advocacy groups and ...
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Prefect (France)
A prefect (french: préfet, plural ''préfets'') in France is the state's representative in a department or region. Subprefects (French: ''sous-préfets'') are responsible for the subdivisions of departments, known as arrondissements. The office of a prefect is known as a prefecture and that of a subprefect as a subprefecture. Regional prefects are ''ex officio'' the departmental prefects of the regional prefecture. Prefects are tasked with upholding the law in the department they serve in, including controlling the actions of local authorities to ensure adhesion to national guidelines. They are authorised to sue local collectivities in the name of the state. Prefects are appointed by a decree of the President of France when presiding the Government's Council of Ministers, following a proposal by the Prime Minister and the Minister of the Interior. They serve at the Government's discretion and can be replaced at any meeting of the Council of Ministers. From 1982 to 1988, under ...
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Eminent Domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Argentina, Belgium, Brazil, Canada, Chile, Denmark, Finland, France, Germany, Greece, Italy, Mexico, Netherlands, Norway, Panama, Poland, Portugal, Russia, South Africa, Spain, Sweden, Serbia) is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functi ...
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Law Of France
The Law of France refers to the legal system in the French Republic, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the French legal codes is the Napoleonic Civil Code, which inspired the civil codes of Europe and later across the world. The Constitution of France adopted in 1958 is the supreme law in France. European Union law is becoming increasingly important in France, as in other EU member states. In academic terms, French law can be divided into two main categories: private law (''Droit privé'') and public law (''droit public''). This differs from the traditional common law concepts in which the main distinction is between criminal law and civil law. Private law governs relationships between individuals. It includes, in particular: * Civil law ('). This branch refers to the field of private law in common law systems. This branch encompasses the fields of inheritance law ...
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