Le Chemin du Douet, St. Ouen - acquisition of track

LE CHEMIN DU DOUET, ST. OUEN: ACQUISITION OF TRACK _______________

Lodged au Greffe on 19th November 2002 by the Public Services Committee

______________________________

STATES OF JERSEY

STATES GREFFE

150 2002 P.214

Price code: A

PROPOSITION

THE STATES are asked to decide whether they are of opinion -

  (a ) to authorise the purchase by the Public of the track known as Le Chemin du Douet, St.  Ouen as shown cross-

hatched on Drawing No.  1869/02/51;

  (b ) to agree that, if it is not possible to identify the owner of the track or not possible to agree a fair and proper

price with any identified owner, the Public Services Committee should be empowered in accordance with the provisions of Article  3 of the Drainage (Jersey) Law 1962 to acquire the land by compulsory purchase on behalf of the Public, in accordance with the provisions of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, as amended;

(c ) to authorise the Greffier of the States to sign the said drawing on behalf of the States;

  (d ) to authorise the Attorney General and the Greffier of the States to pass on behalf of the Public any contract

which it might be found necessary to pass in connection with the said land and all interest therein; and

  (e ) to authorise the payment or discharge of expenses incurred in connection with the purchase of the said track

and all interests therein from the Public Services Committee Capital Vote of Credit - Foul Sewer Extension Vote (C0452).

PUBLIC SERVICES COMMITTEE

Notes:  The Finance and Economics Committee's comments are to follow.

Report

Committee approvals have been received to create a Foul Sewer Extension to serve the Portinfer and Les Pallières area of St.  Ouen. This scheme requires a Pumping Station to be created to serve the area which once completed will benefit 36units.

A suitable site for the Pumping Station has been identified as the top section of Field 77, La Route de Plemont, St. Ouen a highlighted on Drawing No. 1869/02/51. The Planning and Environment Committee have approved the plans for the Pumping Station. Terms and Conditions have been agreed with the owner of the land, Mr. P. Vibert , for its purchase. Acces to the land is to be gained over a track known as Le Chemin du Douet to the West of Field 77. In order to proceed with the purchase of the land access rights over a small section of Le Chemin du Douet need to be secured.

Tenants are claiming that Le Chemin du Douet is a dependency of Franc Fief de Portinfer of which the Dame is Mrs. C. Hart . Property Services and the Law Officers' Department have carried out extensive research to substantiate the Tenants' claim but no contractual or other documentary evidence has been found.

Due to the difficulties in discovering the owner of Le Chemin du Douet, Engineers were instructed to investigate alternative sites in the vicinity. However, due to the topography, Field  77 is the only site in the area thatwill enable the most number of homes to benefit from the scheme.

Despite further investigations no owner has been identified and so Le Chemin du Douet remains a track of unknown ownership. In order to continue with the Foul Sewer Extension and the purchase of the top part of Field 77 the Public will need to compulsory purchase the ownership of the section of track which runs from La Route de Plemont to the entrance of Field 77. This area of track measures approximately 960 square feet and is shown as cross-hatched on Drawing No. 1869/02/51.

There are no additional manpower or financial implications for the States involved in this transaction.