How to determine land in a road safety corridor?
A road safety corridor is a strip of land along both sides of the road that will be calculated from the outer edge of the road to the sides to ensure road traffic safety. The road safety corridor limits are determined in accordance with the law. So how to determine land in a road safety corridor?
According to the Law on Road Traffic 2008 23/2008 / QH12, the road safety corridor belongs to the land area of the road, is the strip of land along the two sides of the road, from the outer edge of the two sides road to ensure road traffic safety.
Accordingly, according to the provisions of Decree 100/2013 / ND-CP, the road safety corridor limit is determined according to the road planning approved by the competent authority in the areas of non-urban roads and urban roads. Urban highways, non-urban highways and urban highways are different.
In which, the road safety corridor limit for non-urban roads is determined based on the technical grade of the planned road, the scope of the road safety corridor with the width from the land of the road. Out each side is:
(1) 17 meters for grade I and II roads;
(2) 13 meters for category III roads;
(3) 09 meters for grade IV and V roads;
(4) 04 meters for roads with lower grade V grade.
Clause 1 and Clause 2 Article 43 of the Law on Road traffic 2008 23/2008 / QH12 stipulates:
"Article 43. Scope of land for road use
1. A land area reserved for a road includes the land for such road and the road safety corridor.
2. Within a land area reserved for a road, it is strictly forbidden to build other works, except for a number of essential projects which cannot be built outside such area, provided that permission of competent agencies is obtained, including defense and security works, road administration and exploitation works, telecommunications and electricity works, water supply and drainage, petrol, oil and gas pipelines”.
Thus, based on the provisions cited above, in cases where land users have land in the road safety corridor, they are not allowed to build other works on this land area, except for some essential works. Authorized by competent authorities in accordance with provisions of applicable laws.
On the other hand, according to the provisions of Circular 23/2014 / TT-BTNMT, where the land parcel or a part of the land plot of the land user is allocated, leased or recognized the land use right by the country. if the work safety protection corridor has been announced or marked with landmarks, write "The land parcel belongs to the work safety protection corridor ... (specify the name of the work with the protection corridor)"; or write "The land parcel with ... m2 of land belongs to the work safety protection corridor ..." in case a part of the land parcel belongs to the work safety protection corridor.
Therefore, in order to determine if your parcel is part of the road safety corridor, you need to confirm on the Land Use Right Certificate that the competent state authority has issued to you for the land area. Is there any information on the land parcel or land area in the safety corridor of road works?
By: Online Thukyluat.vn/Dan Viet/ Translator: HaiYen-Bizic
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