168 LEGISLATION ON TOEHEXTS. 



possession of the said private proprietor takes place according to the same 

 mode, and on the same conditions. 



" The operation is considered an amicable one between the State and 

 the party interested, and is not to take the legal form of expropriation, 

 excepting in cases of disagreement. 



"Articles 14 and 15 require no explanation. 



"Articles 16, 17, 18, and 19 detail the course to be followed in case of 

 expropriation, in terms of sec. 3, 4, and 5 of article 7 of the law of 28th 

 July 1860, It ia but very rarely that there will be occasion to have 

 recourse to this measure. The exposition of the motives of the law on 

 rehoisement bears, in regard to this subject, ' That this exceptional remedy 

 of the expropriation of private property shall be a rare and exceptional 

 appliapce.' It has not been without great reluctance and repugnance that 

 the legislative body has consented to introduce into our code a new case of 

 expropriation. 



" When the Administration shall meet with a refusal, or with an insuffi- 

 ciency of resources of a private proprietor for the execution of the works, 

 ajid aU attempts at persuasion, and all the offers of subvention, have 

 come to nought, against a declared opposition, or an absolute inability, it will 

 become necessary to have recourse to expropriation. But every time that 

 this shall occur yop. shall refer to the Adniinistration, which will address to 

 you timeously the instructions of which you have need. It will consequently 

 ibe of np advantage to indicate here general rules in relation to this. 



"Chap. 3. — Lands belonging to communes or public bodies, comprised within 

 the boundaries specified by the decretals declarative of public utility. 



" Section 1. — The execution of works to be carried on on such lands. 



'■ The Administration will address to the prefects the documents 

 mentioned in 2nd section of article 12 of the decree of 27th April last, 

 forn^ulas conformable to the forms 11, 14, and 15 hereto annexed, in order 

 that they may be able to transmit them to the Municipal Councils, or to 

 the Administrative Commissions, directing their attention, in execution of the 

 aprajigements of par. 2nd of article 6 of the law of 28th July 1860, to the 

 extract of the Imperial decree containing the indications relative to the 

 lapds wl;iich belong to them. 



"Art. 20 indicates three different courses which may be followed in 

 carrying out the work on communal lands, or the lands of public establish- 

 ments within the limits. The commune, or public establishment, which 

 does not wish to submit the whole of its lands to the same regime, ought to 

 make as piany special declarations as.this land contains of portions destined 

 to have a different course adopted in the execution of the work upon it. 



" In case of allocation of a subvention, advice is to be given to the party 

 i»terested, accorcjing to the forms Nos. 12 a,nd 13. 



" Tiie amicable cession to the State of communal lands, or the lands of 

 public establishments, in terms of the article 8 of the law of 28th July 1860, 

 will present in many cases great advantages. On one hand the State will 

 t^us :^nd facilities resulting from the suppression of pasturages, and from 

 exclusive direction, without disputes in regard to the works ; on the other 

 hand^ poor communes will thus have the means of deriving advantage from 

 ^ands which procure for them at present only insignificant resources, and of 

 ,^|l;i|ich tl^e r/sboisement would entail expenses which perhaps they would 

 ney^r be ,able to reimburse. 



