RIGHT OF WAY AND PASSAGE
Section 46: The competent administrative authority should institute administrative rights of way in
order to avoid interferences in the transmission or reception of radio frequency waves by the
different centres run or controlled in the public interest.
Section 47: (1) Concessionaires of the State’s exclusive rights as referred to in Section 9(1) and
operators of duly authorized public networks shall have right of way on public roads, on collective
estates and settlement areas as well as on the surface and underground parts of non built-on
estates, in accordance with the regulatory and legislative texts applicable.
(2) The operators referred to above shall have the same right of way beyond public roads provided
that they sign an agreement with the granting or managing authority of the public estate concerned
to grant such rights, which may attract royalties, in keeping with the principle of equality of all
operators.
(3) Operators of public networks authorized in accordance with the above mentioned Section 9(1)
may use public roads for their structures so long as the structures are not incompatible with the use
of the road.
Section 48: Rights of way may be instituted in order to protect the networks’ cables and lines so as
to ensure the conservation and normal functioning of telecommunication networks.
Section 49: The existence of a right of way shall not obstruct the owner or joint owners of the estate
from breaking down, repairing, modifying or enclosing their estate. However, the owners or joint
owners shall give three months notice to the holder of the right of way before undertaking any work
that may affect their structures.
Section 50: The installation of equipment and infrastructure shall respect the environment and the
aesthetic quality of the area and cause the least damage to private and public estates.
CHAPTER II
EXPROPRIATION AND COMPENSATION
Section 51: When rights of way entail the destruction or modification of an estate, the estates shall,
in the absence of a mutual agreement, be expropriated in the public interest, in accordance with the
regulations in force.
In case of the resale of the estate, the former owners shall have preemptive rights.
Section 52: (1) The rights of way referred to in Chapter I above shall give entitlement to
compensation if the construction or modification leads to direct, material and real damage.
(2) To avoid foreclosure, the application for compensation shall reach the holder of the right of way
within four years after the persons concerned have been notified of the losses they shall incur.
(3) In the absence of a by settlement by mutual agreement, such compensation shall be fixed by the
competent court.
PART V