Key Benefits:
The Prime Minister,
On the report of the Minister of Interior, Homeland Security and Local Freedoms,
Considering the code of expropriation because of public utility, including articles L. 11-1-1 and R. 11-1 and following;
Considering the general code of territorial authorities, including articles L. 5721-1 to L. 5721-7;
Considering the environmental code, including articles L. 123-1 to L. 123-16;
Considering the urban planning code, including articles L. 300-2, R. 300-1 and R. 313-17;
Having regard to Act No. 82-1153 of 30 December 1982 as amended inland transport orientation, together with Decree No. 84-617 of 17 July 1984 as amended for the purposes of its Article 14;
In view of the ruling of the prefect of Puy-de-Dôme of 29 April 2002, prescribing the opening of a public inquiry before the public utility declaration of the project to realize the first line of tramway of the Clermontese agglomeration;
In view of the deliberation of the union committee of the joint public transport union (TCT) of the Clermontese agglomeration of March 19, 2002 calling for the opening of a pre-public utility investigation of the project to produce the first line of tramway of the Clermontese agglomeration;
Considering the file of the investigation to which it was conducted from 10 June to 12 July 2002 inclusive, together with the report and notice of the commission of inquiry dated 8 October 2002;
In view of the deliberation of the SMTC trade union committee of the Clermontese agglomeration of 7 November 2002 decided to maintain its application for a declaration of public utility of the project as submitted to public inquiry;
Having regard to the minutes dated 9 January 2003 of the closing of the joint instruction at the local level;
Considering the agreement signed on 5 June 2003 between the SMTC of the Clermontese agglomeration and the State establishing a superposition of management on a fraction of the national public domain to be used by the first tram line of the agglomeration;
Considering the agreement signed on 25 July 2003 between the SMTC of the Clermontese agglomeration and the department of Puy-de-Dôme establishing a management superposition on a fraction of the departmental public domain to be used by the first tram line of the agglomeration;
In view of the agreement signed on 1 July 2003 between the SMTC of the Clermontese agglomeration and the municipality of Aubière establishing a superposition of management on a fraction of the municipal public domain to be used by the first tram line of the agglomeration;
Having regard to the agreement signed on 21 July 2003 between the SMTC of the Clermontese agglomeration and the commune of Clermont-Ferrand establishing a superposition of management on a fraction of the municipal public domain to be used by the first tram line of the agglomeration;
Considering the agreement signed on 17 June 2003 between the SMTC of the Clermont agglomeration and the State, represented by the rector of the Clermont-Ferrand academy, establishing a management superposition on a fraction of the public domain assigned to the university to be used by the first tram line of the agglomeration;
Considering the document dated 28 May 2003, setting out the grounds and considerations justifying the public utility of the realization of the first tramway line of the Clermontese agglomeration (1);
The State Council (inland section) heard,
Decrete:
The acquisitions and works required to be carried out by the joint public transport union of the first tramway line of the Clermontese agglomeration, located in the territories of the communes of Aubière and Clermont-Ferrand (Puy-de-Dôme), in accordance with the plan of 1/33 333 annexed to this decree (1), shall be declared public utility.
The necessary expropriations shall be carried out within five years of the publication of this decree.
The Minister of Interior, Homeland Security and Local Freedoms and the Minister Delegate for Local Freedoms are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris on 4 December 2003.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister of the Interior,
of Internal Security
and local freedoms,
Nicolas Sarkozy
Minister for Local Freedoms,
Patrick Devedjian
