MOROCCO Law and Practice Contributed by: Wacef Bentaibi, Benoit Pape, Chaimaâ Bouhami and Maxime Masurier, Gide Loyrette Nouel
ation Rights to Construct and Operate Generation Facilities and 4.4 Eminent Domain, Condemnation and Expropriation Rights to Construct and Oper- ate Transmission Lines and Associated Facilities : servitudes and rights of way are the primary mecha- nism, with full expropriation as a last resort. Servitude indemnities are determined by agreement or judicial decision (Distribution Lines Dahir, Articles 15–16), and full expropriation compensation is assessed on the basis of fair market value. 5.5 Monopoly Rights for Electricity Distribution Entities Electricity distribution services are provided on an exclusive basis within defined territories, each opera- tor holding monopoly rights within its designated ser- vice area. Each of the SRMs, private concessionaries and Munic- ipal regies exercise exclusive rights within a defined territorial perimeter described in the corresponding delegated management contracts or management contract entered into with the relevant municipalities, preventing overlapping distribution services. These exclusive rights arise from a combination of statutory provisions and contractual arrangements, depending on the distribution model. • Municipal régies : statutory competence of munici- palities under local government law, implemented through the 1962 Dahir framework (legislation and municipal decisions). • Private concessionaires: contractual exclusivity conferred through delegated management agree- ments under Law No 54-05. • SRMs: statutory framework established by Law 83-21, implemented through management con- tracts concluded with the relevant municipality(ies). The Distribution Lines Dahir specifies that a permis- sion de voirie does not confer any monopoly (Article 8), but a concession creates an exclusive service obli- gation within the defined area (Articles 7–9). ANRE does not grant monopoly rights but regulates tariffs and ensures non-discrimination.
• Permissions: May be revised or revoked by minis- terial order. The permission holder has no vested right to the maintenance of original terms; permis- sions are granted on a precarious basis. • Concessions: Concession conditions may be revised at defined intervals as stipulated in the convention. Material amendments may require formal administrative approval or modification of the concession act through the same procedure as the original grant. • Regulatory conditions: The TURD and other regula- tory conditions set by ANRE are subject to periodic review by ANRE. The amendment process reflects the contractual and decentralised nature of the distribution sector. 5.4 Eminent Domain, Condemnation or Expropriation Rights to Construct and Operate Electricity Distribution Facilities Eminent Domain and Expropriation Proponents do not hold eminent domain powers as it remains a State prerogative. However, distribution infrastructure may benefit from statutory servitudes and State-led expropriation mechanisms. • Concessions under the Distribution Lines Dahir: A concession for electricity distribution carries a declaration of public utility ( déclaration d ’ utilité publique ) conferring servitude and expropriation rights over private land, including the right to install supports, anchors and aerial or underground lines on private parcels, subject to compensation. • SRMs under Law 83-21: SRMs benefit from the right of servitude for water, electricity and sanita- tion installations under applicable legislation, and the right of expropriation for public utility under applicable law. They also benefit from all rights and privileges available to investors or industrial project developers under prevailing legislation. • Permissions de voirie: Permissions do not confer rights over private land; access to private land requires the prior consent of landowners. Land Access and Compensation Land access mechanisms and compensation for distribution follow the same framework described in 3.4 Eminent Domain, Condemnation and Expropri-
258 CHAMBERS.COM
Powered by FlippingBook