MOROCCO Law and Practice Contributed by: Wacef Bentaibi, Benoit Pape, Chaimaâ Bouhami and Maxime Masurier, Gide Loyrette Nouel
Land Access Mechanisms Given the linear nature of transmission infrastructure, servitudes and rights of way constitute the primary mechanism for securing land access, with full expro- priation used only in limited cases. • Public land: Where transmission infrastructure crosses public domain, ONEE obtains occupation rights under the applicable public domain legisla- tion. • Negotiated acquisition: For private land requiring full acquisition (beyond servitudes), ONEE may negotiate surface rights through private agree- ments. Where an amicable agreement cannot be reached and the project has been declared of public utility, expropriation proceedings may be initiated. Compensation The compensation regime applicable to transmission infrastructure follows the same principles described in 3.4 Eminent Domain, Condemnation and Expro- priation Rights to Construct and Operate Generation Facilities for generation projects: servitude indemni- ties are determined by agreement or by judicial deci- sion, and full expropriation compensation is assessed by the courts on the basis of fair market value. 4.5 Monopoly Rights to Provide Transmission Services Exclusive Monopoly Transmission services are provided on an exclusive monopoly basis by ONEE, the sole TSO. This monop- oly derives from the ONEE Dahir and applies across the entire national territory. Law 13-09 provides for direct transmission lines con- structed by private producers under a concession with the TSO where grid capacity is insufficient. The direct line is governed by a concession convention with the TSO; a copy must be notified to ANRE, and the concession is limited in scope and duration. All export operations over the grid are controlled by the TSO. Direct lines do not constitute competing trans- mission networks; they are project-specific connec- tions that complement and are ultimately integrated into the national transmission grid.
the conclusion of a concession agreement with that entity. Although transmission networks are not expressly listed among projects subject to mandatory EIA, an environmental impact assessment is generally carried out in practice to obtain an environmental acceptabil- ity decision, issued following a public inquiry. 4.3 Terms and Conditions Imposed on Approvals to Construct and Operate a Transmission Line and Associated Facilities There is no specific licence relating to the develop- ment of transmission line and associated facilities. Please see 4.2 Obtaining Approvals to Construct and Operate Transmission Lines and Associated Facilities . 4.4 Eminent Domain, Condemnation and Expropriation Rights to Construct and Operate Transmission Lines and Associated Facilities Eminent Domain and Expropriation Under Article 3 of Law 7-81, the State and the local authorities have compulsory purchase powers ( droits d ’ expropriation ) justified by the public interest ( utili- té publique ). Existence of a public interest must be decided by an administrative decision defining the area subject to a compulsory purchase procedure. In addition, Article 50 of Law 7-81 recognises temporary occupancy rights that allow provisional possession of a land to facilitate the performance of public works ( travaux publics ). ONEE has the same compulsory purchase power rights as the State and local authorities and can also, among other easement rights, occupy parts of the public domain that are necessary for the construc- tion of electric energy production, transportation and distribution installations (Article 2 bis, ONEE Dahir). For private direct transmission lines under Law 13-09, the private operator does not itself hold eminent domain rights. However, since the direct line is devel- oped under a concession agreement with the TSO, the State may exercise its expropriation power for the benefit of the project where it has been declared of public interest.
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