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Land development linked to the Seine-Nord Europe Canal

Posted on 24 June 2016

When preparing land development projects, the client first seeks to avoid and reduce impacts on land, housing and human activities.  

However, it is common to have to build on land already occupied / used: agricultural land, natural environments, and sometimes houses, gardens, or economic activities... Prior to the work, there is a phase of discussions with the owners of these lands, in order to acquire them amicably. If no agreement proves possible, the declaration of public utility of the project makes it possible in the last resort to initiate an expropriation procedure. In this case, it is the expropriation judge who sets the compensation paid.

Regulatory context of assessments

As the SCSNE is a public establishment, the valuation of the real estate located on the route of the future Canal is carried out by the State Real Estate Department (formerly France Domaine).

This estimate is based on the local land market and the SCSNE cannot deviate from it. The indemnity paid according to the market value of the property covers the acquisition cost of a property of the same type. To this main indemnity is added the re-employment indemnity, making it possible to cover other costs such as, for example, moving expenses.

If the property acquired is occupied by a tenant, the SCSNE will propose rehousing solutions taking into account their needs and the standards of habitability in force. Whether he accepts these offers or relocates on his own, his moving costs will be covered.

What is the process?

The studies make it possible to gradually determine the exact land area necessary for the realization of the project. As soon as these land areas are fixed, the properties (houses, gardens, agricultural land, business land, etc.) located on the project route are determined, which makes it possible to identify their owners.

These owners are then informed personally. During individual meetings, a financial proposal is made to them on the basis of an initial assessment of the market value of the property by the State Real Estate Department. Conducted in a spirit of dialogue, the meetings can bring additional information on the specificities of the property, likely to refine the financial proposal.

This phase can give rise to disagreements. However, the SCSNE takes care to study each situation as long as possible and transparently to reach an amicable agreement and avoid legal proceedings.

At the same time, the Société du Canal Seine-Nord Europe is asking the competent prefect to organize a parcel survey. The parcel survey is a key step, which aims to identify and inform all the owners concerned while guaranteeing that their interests are properly taken into account. Find the information concerning the parcel surveys of each municipality on the pages of the territories Compiegnois-Noyonnais, Santerre Upper Somme et Artois-Cambresis.

Land acquisitions of individual properties

It is never easy to find yourself in the situation of having to sell your property (house, land, etc.) as part of an infrastructure project, even if it is in the general interest. The Société du Canal Seine-Nord Europe (SCSNE) is well aware of the emotional burden experienced by the owners who are offered compensation for the acquisition of their property. This is why 2 fundamental principles are respected by the SCSNE to best support this phase of the project:

  • Anticipation : the SCSNE anticipates as best as possible, to give everyone time to reflect, to plan, to find a property suited to their needs and aspirations, in order to reach an amicable solution;
  • The dialog: the SCSNE takes care to maintain an ongoing dialogue, to support the owners throughout this phase.

Agricultural land acquisitions

The construction of a major infrastructure such as the Seine-Nord Europe Canal requires the acquisition of land and the reorganization of all the plots around the canal: this is the purpose of land consolidation or land development.

These procedures make it possible in particular, in the context of major linear works such as the Seine-Nord Europe Canal, to remedy the consequences on agricultural holdings:

  • mitigation of infrastructure footprint on farms,
  • grouping of operating islands,
  • limitation of the effects of cuts and lengthening of the route.

They also take into account the problems ofland use planning and preservation of the environment and natural habitats. The decree declaring public utility of September 11, 2008 obliges the contracting authority of the Canal Seine-Nord Europe (CSNE) to finance land development operations.

As part of land development with inclusion of the right-of-way, the areas needed to carry out the project are taken from all the owners of a large perimeter around the project. The levies for each owner are thus reduced and distributed more equitably.

An incentive policy for the constitution of land reserves carried out by SAFER on behalf of SCSNE, with financial support from the departments, will make it possible to significantly reduce the levies made on the farms and owners affected.

The departments carry out land development studies, decision-making tools that will enable them, with the various competent bodies, Departmental Land Development Commission (CDAF) and Communal and/or Inter-municipal Land Development Commission (CCAF or CIAF), to set the guidelines and of

carry out the procedures, in a continuous framework of information, consultation and consultation with the agricultural profession, the communities and the populations concerned.

In the various departments, land development procedures are underway over a vast territory representing around 80 hectares spread over 000 perimeters: 8 in Pas-de-Calais and Nord, 4 in Somme and 1 in the Oise.

For more information, contact the departmental services in charge of land development:

DepartmentContact personFunctionPhonemail
North Departmental Council*Christophe BOULANGEHead of land development unit+03 59 73 82 29 XNUMXchristophe.boulange@lenord.fr 
Departmental Council of Pas-de-Calais*Yannick DIRRYCKXDepartment of Development, Planning and the Environment +03 21 21 67 05 XNUMXdirenv.secretariat@pasdecalais.fr 
Somme Departmental CouncilRaphael MOIZARDProject Manager Land Development+03 22 71 81 77 XNUMXr.moizard@somme.fr
Oise Departmental CouncilDidier DUJACQUIERDeputy Head of Land Service+03 44 06 63 32 XNUMXdidier.dujaquier@oise.fr 
Document

Added September 8, 2022 - Updated September 8, 2022

Land development guide - CD80 2018

* NB: according to article L212-4 of the rural code " If the perimeter of land development extends over several departments, the powers attributed to the Departmental Council or its President and to the Departmental Land Development Commission by this title are exercised by the Departmental Council or its President and the Departmental Commission. where is the largest area of ​​land included in the perimeter“. This is therefore the case for operations in Hauts-de-France, which are carried out under the supervision of the Departmental Council of Pas-de-Calais.

This important and necessary stage of land acquisitions for the project will make it possible to materialize the opportunities of the Seine-Nord Europe Canal for the general interest, whether they are economic, environmental, or linked to the quality of life of all. Also, for the smooth running of this phase, the SCSNE takes care of the anticipation and the permanent dialogue with the owners and the territories.

Focus on parcel surveys, a key step for owners

What is a plot survey? What is it for ?

Before undertaking the civil engineering works, the Société du Canal Seine-Nord Europe (SCSNE) must take ownership of the plots or property located within the perimeter of the future Canal, and defined within the framework of the pre-project and project studies.

The plot survey is a key step, which aims to identify and notify all affected owners while ensuring that their interests are properly taken into account.

This regulatory procedure makes it possible to provide a form of guarantee as to the acquisition of the land necessary for the realization of the project within the deadlines respecting the schedule set by the public authorities. However, the Société du Canal Seine-Nord Europe continues at the same time to privilege and seek amicable agreements, both with the owners already contacted before the holding of the plot survey and with those who would like to enter into contact now and seek such an agreement rather than waiting for a court decision on the fixing of the amount of the compensation linked to the acquisition of the property.

Concretely, how does it take place?

In practice, the survey file is made up of plans of the plots concerned and the list of owners, referred to as the “plot report”. Owners receive an individual notification informing them of the timetable for opening the investigation, filing of the investigation file at the town hall and hours of duty of the investigating commissioner.

This investigating commissioner, who is completely independent, is appointed by the administrative tribunal concerned. It has for mission to collect the observations of the owners concerned thanks to a register made available to them at the town hall. Owners can also contact him in writing.

At the end of the investigation, the investigating commissioner decides on the necessary or non-necessary nature of the acquisition of the plots by the Société du Canal Seine-Nord Europe.

After having received the opinion of the investigating commissioner and the observations of the Société du Canal Seine-Nord Europe, the prefect may pronounce the transferability of property or plots which have not previously been acquired amicably and request from the judge a ownership transfer order to Société du Canal Seine-Nord Europe.