Protection of Public Domain

Extract

[...] 1 or use it beyond the right of use that belongs to everyone. Even if the occupant is in an irregular situation, expulsion must be authorized by the judge 2331-1). This is the competence of the administrative judge, except for the road domain where it is the competence of the judicial judge. - Council of State December 2015, La Perla Romana: it is enough that the occupation takes place without title for the judge to authorize expulsion However, the administration has in certain cases the possibility of expelling itself the occupants without title without resorting to the judge. [...]

[...] - These servitudes and subjections are not just technical constraints: they represent a real logic of sanctuarisation of the public domain. They protect public goods against land pressures, environmental attacks and patrimonial degradations. They ensure the continuity of collective uses by preventing any de facto privatization. They strengthen the coherence of the public domain regime by extending protection beyond the goods themselves, to their immediate environment and the conditions of their exploitation. If the rules in force constitute an arsenal for protecting the public domain of the State, they must be correlated with concrete tools allowing for the protection of the public domain from numerous attacks in practice. [...]

[...] The principles of inalienability and imprescriptibility, associated with the criterion of allocation, ensure structural protection, reinforced by easements and constraints that govern the use of public property. To this defensive logic are added management and sanction instruments - occupation permits, administrative police, contraventions - which guarantee the repression of attacks and the regulation of uses. However, this protection does not exclude valorization. Private occupation, framed by precarious authorizations or specific real rights, allows for an economically compatible exploitation with the general interest. Similarly, cessions and transfers, strictly framed by principles of transparency and equality, translate a mastered patrimonial logic, avoiding any speculative drift. [...]

[...] In the case of military zones, they protect not only the public domain but also national defense, by preventing private constructions from compromising confidentiality or security of operations. - Preventive Dimension : these servitudes anticipate possible attacks by neutralizing the risks related to anarchic urbanization. They protect the public domain against land or real estate pressures that could weaken its collective use. 2. The servitudes of public utility (SUP) They can limit the use of private properties to protect the public domain (e.g. servitude of passage on the littoral). In general, these servitudes are based on issues of circulation and roadways. [...]

[...] They remind us that the protection of the public domain can justify a restriction of private rights, provided that it is a matter of preserving the continuity of collective use. 3. The servitudes and subjections justified by the protection of the heritage They enclose the constructions and arrangements near protected sites. We then distinguish: - Built Heritage: - Classification as a historical monument, obligation to maintain, control of works. - Intervention of the Architects of France's Buildings. - Classification as a historical monument : it imposes maintenance obligations and a control of works, preventing any alteration of the property or its immediate environment. [...]