A ''déclaration d'utilité publique'', or declaration of public utility, is a formal recognition in
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 ...
that a proposed project has public benefits. The declaration must be obtained for many large construction projects in
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, Pac ...
, especially for infrastructure, before work can begin.
Process
The first part of the declaration is a
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 ...
, usually started by a
prefect
Prefect (from the Latin ''praefectus'', substantive adjectival form of ''praeficere'': "put in front", meaning in charge) is a magisterial title of varying definition, but essentially refers to the leader of an administrative area.
A prefect's ...
, 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
A civil code is a codification of private law relating to property, family, and obligations.
A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...
, 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/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
References
{{DEFAULTSORT:Declaration D'utilite Publique
Law of France
Eminent domain