Table containing linear plates related to grade A2 easements (passage of underground irrigation pipes) in Upper Rhine

Category A2 easements relate to easements of underground irrigation pipes: For the benefit of public authorities and their concessionaires and for the benefit of public establishments, an servitude conferring on them the right to establish permanently, under the most rational and least harmful conditions to the present and future exploitation, with a view to irrigation, underground pipes on unbuilt private land, except the courtyards and gardens adjacent to the dwellings.

The easement gives the beneficiary the right to:
• to bury in a strip of land the width of which is fixed by the prefect, but which may not exceed three metres, one or more pipes, a minimum height of 0.60 metres being respected between the top generator of the pipes and the ground level after the works;
• to sprawl, in the strip of land provided for above and, where appropriate, in a wider band determined by the Prefectural Order, trees which may adversely affect the establishment and maintenance of the pipeline;
• access to the land in which the driving is buried, with control officers having the same right of access;
• perform all maintenance and repair work.

The owners and their dependants shall refrain from doing anything that would impair the proper operation, maintenance and conservation of the work.

The establishment of this easement gives rise to the right to compensation, the disputes of which are judged to be in matters of expropriation on the grounds of public utility.
If the rejection of an application for a building permit is based on the exercise of the right of ease in the parcel in question, the owner may require the owner to acquire the plot in full by the developer, either amicably or by way of expropriation. If the building permit is granted subject to the relocation of the pipes, the cost of such travel shall be borne by the beneficiary of the easement.

This resource describes the linear plates of Grade A2 easements, i.e. underground irrigation pipes (identical to generators).