From the findings of the land enquiry referred to in Section 57 of the petroleum code, the State may decide to set aside portions of land to be used as right-of-way for the construction, operation and maintenance of the hydrocarbon transportation system.
To that end, and in accordance with the land tenure and State property laws in force, the State may, depending on the respective status of the land concerned, either incorporate such parcels of land into its private or public property or order the expropriation thereof for public purposes.
Holders of the domestic transportation authorization shall be notified of the actions taken by the State to this effect and shall take into account the areas so set aside while carrying on with their petroleum operations.
The decree granting the land area shall temporarily allocate the said area for the construction, operation and maintenance of the hydrocarbon transportation system and confer on the holder of the domestic transportation authorization the land rights referred to in Section 69 of the code. This decree shall specify the time limit within which the holder of the domestic transportation authorization is required to communicate to the Minister in charge of hydrocarbons the coordinates of the land that makes up the hydrocarbon transportation system right-of-way.
In order to create the hydrocarbon transportation system right-of-way, the decree referred to above may be amended to preserve such land for the operation and maintenance of the hydrocarbon transportation system in accordance with the land tenure and State property laws in force.
The decree shall limit the rights of the holder of the domestic transportation authorization on the portion of the land area not included in the hydrocarbon transportation system right-of-way, and shall encumber it with easements of use for maintenance works involving excavation.
The lands constituting the right-of-way are and shall remain the private property of the State. They may under no circumstances be disposed of during the term of the petroleum contract, nor become the property of the holder of the domestic transportation authorization.
However, where the pipelines and other facilities referred to above hinder the normal use of the lands, and where the owner so request, the State shall, at the expense of the holder, expropriate the lands concerned and grant them through leases to the said holder, in accordance with the land tenure and State property laws in force.