CHAPITRE II ESPACES NATURELS SENSIBLES DES DEPARTEMENTS
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CHAPITRE II ESPACES NATURELS SENSIBLES DES DEPARTEMENTS

URBAN PLANNING CODE
(Legislative Part)

Chapter II: Sensitive natural areas of the departments

Article L142-1

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977 ART. 29 I date of entry into force MARCH 1, 1977)
(Law n ° 85-729 of July 18, 1985 art. 12 Official Journal of July 19, 1985 in force on June 1, 1987)
(Law n ° 95-101 of February 2, 1995, art. 39 I Official Journal of February 3, 1995)
(Law nº 95-115 of February 4, 1995 art. 5 XI Official Journal of February 5, 1995)
(Law nº 2000-1208 of December 13, 2000 art. 202 XII Official Journal of December 14, 2000)
(Law n ° 2003-699 of July 30, 2003 art. 67 Official Journal of July 31, 2003)

   In order to preserve the quality of sites, landscapes, natural environments and natural fields of flood expansion and to ensure the protection of natural habitats according to the principles laid down in Article L. 110, the department is responsible for developing and implement a policy of protection, management and opening to the public of sensitive natural areas, whether wooded or not.
   The department’s policy provided for in the previous paragraph must be compatible with the orientations of the territorial coherence plans and the inter-municipal development and planning charters, where they exist, or with the territorial planning directives mentioned in the article. L. 111-1-1 or, in the absence of a territorial planning directive, with the planning and town planning laws provided for in the same article.

Article L142-2

(Decree n ° 76-276 of March 29, 1976 Official Journal of March 30, 1976, date of entry into force APRIL 1, 1976)
(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977 ART. 30 date of entry into force MARCH 1, 1977)
(Law n ° 77-1467 of December 30, 1977 Official Journal of December 31, 1977)
(Decree n ° 83-663 of July 22, 1983 art. 57 IV Official Journal of July 23, 1983)
(Law n ° 85-729 of July 18, 1985 art. 12 Official Journal of July 19, 1985, corrected to December 21, 1985 in force on June 1, 1987)
(Law nº 92-3 of January 3, 1992 art. 32 Official Journal of January 4, 1992)
(Law n ° 95-101 of February 2, 1995, art. 39 II Official Journal of February 3, 1995)
(Law n ° 99-1126 of December 28, 1999 art. 12 Official Journal of December 29, 1999)
(Law n ° 2000-1208 of December 13, 2000 art. 53 Official Journal of December 14, 2000) 
(Law n ° 2001-602 of July 9, 2001 art. 4 II 1º, art. 10 Official Journal of July 11, 2001)
(Law n ° 2002-276 of February 27, 2002 art. 164 Official Journal of February 28, 2002) 
(Law n ° 2003-699 of July 30, 2003 art. 80 II Official Journal of July 31, 2003)
(Law n ° 2004-809 of August 13, 2004 art. 103 Official Journal of August 17, 2004 in force on January 1, 2005)
(Law n ° 2005-157 of February 23, 2005 art. 138, art. 139 Official Journal of February 24, 2005)
(Law n ° 2005-157 of February 23, 2005 art. 138, art. 139 Official Journal of February 24, 2005)
(Ordinance n ° 2006-596 of May 23, 2006 art. 3 II Official Journal of May 25, 2006)

   To implement the policy provided for in article L. 142-1, the department may institute, by decision of the general council, a departmental tax on sensitive natural areas.
   This tax takes the place of a flat-rate contribution to the expenses of the department:
   – for the acquisition, by mutual agreement, by expropriation or by exercise of the right of pre-emption mentioned in Article L. 142-3, of land or groups of social rights giving rise to the allocation of ownership or enjoyment of land , as well as for the development and maintenance of any natural space, wooded or not, belonging to the department, subject to its opening to the public under the conditions provided for in Article L. 142-10;
   – for its participation in the acquisition, development and management of the land of the Coastal Space and Lake Shore Conservatory, for its participation in the acquisition of land by a municipality or by a public establishment of inter-municipal cooperation competent, as well as to the maintenance of land acquired by either of these public entities or by the green spaces agency of the Ile-de-France region in the exercise of the right of pre-emption , by delegation or by substitution, provided for in Article L. 142-3.
   The tax proceeds can also be used:
   – for the development and maintenance of natural spaces, wooded or not, belonging to public authorities or their public establishments and open to the public, or belonging to private owners on condition that they have been subject to ” an agreement signed in application of Article L. 130-5;
   – for the development and the management of the natural parts of the zone known as of the fifty geometric steps, defined by the law n ° 96-1241 of December 30, 1996 relating to the development, the protection and the development of the zone known as of the fifty geometric steps in the overseas departments;

   – for the acquisition, development and management of the paths appearing on a departmental plan of walking and hiking routes, established under the conditions provided for in article 56 of law n ° 83-663 of July 22, 1983 supplementing the Law n ° 83-8 of January 7, 1983 relating to the distribution of powers between the municipalities, the departments, the regions and the State, as well as the paths and easements of towing and step of the conceded State waterways which are not not open to general traffic and for the acquisition, by mutual agreement or by exercise of the right of pre-emption mentioned in Article L. 142-3, the development and management of paths along the other courses ofwater and bodies of water;
   – for the acquisition by a department, a municipality, a public establishment of inter-municipal cooperation or the Conservatory of coastal space and lake shores, woods and forests or social rights giving rise to the allocation of ownership or enjoyment wood and forests, subject to their opening to the public under the conditions provided for in Article L. 142-10;
   – for the acquisition, development and management of spaces, sites and itineraries appearing in the departmental plan of spaces, sites and itineraries relating to outdoor sports established under the conditions provided for in Book III of the Sports Code, provided that the the planning or management envisaged maintains or improves the quality of sites, landscapes and natural environments;
   – for the acquisition, management and maintenance of Natura 2000 sites designated in article L. 414-1 of the environment code and of territories classified as nature reserves within the meaning of article L. 332-1 of the same code;
   – for the studies and inventories of the natural heritage necessary for the development and implementation of the policy for the protection and management of sensitive natural areas intended to be open to the public.
   This tax is levied on the entire territory of the department.
   It is established on the construction, reconstruction and extension of buildings and on the installations and various works authorized in application of article L. 442-1. However, the following are excluded from the scope of the tax:
   a) buildings and various installations and works for agricultural or forestry use linked to the exploitation;

   b) buildings which are intended to be assigned to a public service or of public utility and whose list is fixed by decree of the Council of State provided for in 1 ° of paragraph I of article 1585 C of the general tax code;
   c) buildings erected by the owners of a family dwelling to reconstitute their expropriated property;
   d) buildings classified as historic monuments or listed in the supplementary inventory of historic monuments;
   e) buildings, installations and miscellaneous works rebuilt after a disaster under the conditions set out in paragraph II of article 1585 D of the general tax code;
   f) Various installations and works which are intended to be assigned to a public service or of public utility and carried out by the State, local communities or their groups or one of the services and bodies listed by the decree adopted for the application of 1 ° of I of article 1585 C of the general tax code;
   g) The developments prescribed by a plan for the prevention of foreseeable natural risks or a plan for the prevention of technological risks on goods built or developed in accordance with the provisions of this code before the approval of this plan and charged to the owners or operators of these goods.
   The General Council may exempt from the departmental tax on sensitive natural areas, premises for main residential use built on their behalf or as the provision of services by the bodies mentioned in Article L. 411-2 of the Code of construction and housing and by semi-public companies defined by law n ° 83-597 of July 7, 1983 or those with majority public capital realizing premises for main residential use financed predominantly by means of opening loans right to benefit from the provisions provided for in Title V of Book III of the Construction and Housing Code.
   It may also exempt from the said tax craft and industrial premises located in municipalities with less than two thousand inhabitants.
   In the overseas departments, the general council may exempt from the tax:
   – premises used as main housing of a social nature financed with the help of loans assisted by the State, and built by organizations and companies mixed economy mentioned above, on their own behalf or as service providers;
   – housing with a very social vocation.
   The tax is subject to the rules that govern the assessment, liquidation, collection, penalties and litigation of the local equipment tax.

   The tax is based on the value of the real estate complex determined in accordance with paragraphs I and II of article 1585 D of the general tax code. By deliberation, the General Council fixes the rate, which may vary according to the categories of construction, without being able to exceed 2%. 100.
   When established on installations and miscellaneous works, the tax is based on the area of ​​land covered by the authorization. Its rate is set by deliberation of the General Council within the limit of 1.52 euros per square meter. This limit and the rate fixed by the deliberation of the General Council are modified on July 1 of each year according to the evolution of the construction cost index published by the National Institute of Statistics and Economic Studies. The benchmark index is, for the revaluation of the 1.52 euro limit, that of the fourth quarter of 1994 and, for that of the rate, the
   The tax is, from a fiscal point of view, an element of the cost price of the property complex.
   The tax is collected for the benefit of the department as a special earmarked revenue and has the character of an operating revenue.

Article L142-2

(Decree n ° 76-276 of March 29, 1976 Official Journal of March 30, 1976, date of entry into force APRIL 1, 1976)
(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977 ART. 30 date of entry into force MARCH 1, 1977)
(Law n ° 77-1467 of December 30, 1977 Official Journal of December 31, 1977)
(Decree n ° 83-663 of July 22, 1983 art. 57 IV Official Journal of July 23, 1983)
(Law n ° 85-729 of July 18, 1985 art. 12 Official Journal of July 19, 1985, corrected to December 21, 1985 in force on June 1, 1987)
 

(Law nº 92-3 of January 3, 1992 art. 32 Official Journal of January 4, 1992) 
(Law n ° 95-101 of February 2, 1995, art. 39 II Official Journal of February 3, 1995)
(Law n ° 99-1126 of December 28, 1999 art. 12 Official Journal of December 29, 1999)
(Law n ° 2000-1208 of December 13, 2000 art. 53 Official Journal of December 14, 2000)
(Law n ° 2001-602 of July 9, 2001 art. 4 II 1º, art. 10 Official Journal of July 11, 2001)
(Law n ° 2002-276 of February 27, 2002 art. 164 Official Journal of February 28, 2002)
(Law n ° 2003-699 of July 30, 2003 art. 80 II Official Journal of July 31, 2003)
(Law n ° 2004-809 of August 13, 2004 art. 103 Official Journal of August 17, 2004 in force on January 1, 2005)
(Law n ° 2005-157 of February 23, 2005 art. 138, art. 139 Official Journal of February 24, 2005)
(Law n ° 2005-157 of February 23, 2005 art. 138, art. 139 Official Journal of February 24, 2005)
(Ordinance n ° 2006-596 of May 23, 2006 art. 3 II Official Journal of May 25, 2006)
(Ordinance n ° 2005-1527 of December 8, 2005 art. 8 Official Journal of December 9, 2005 in force on October 1, 2007)
(Ordinance n ° 2006-596 of May 23, 2006 art. 3 II Official Journal of May 25, 2006)

   To implement the policy provided for in article L. 142-1, the department may institute, by decision of the general council, a departmental tax on sensitive natural areas.
   This tax takes the place of a flat-rate contribution to the expenses of the department:
   – for the acquisition, by mutual agreement, by expropriation or by exercise of the right of pre-emption mentioned in Article L. 142-3, of land or groups of social rights giving rise to the allocation of ownership or enjoyment of land , as well as for the development and maintenance of any natural space, wooded or not, belonging to the department, subject to its opening to the public under the conditions provided for in Article L. 142-10;
   – for its participation in the acquisition, development and management of the land of the Coastal Space and Lake Shore Conservatory, for its participation in the acquisition of land by a municipality or by a public establishment of inter-municipal cooperation competent, as well as to the maintenance of land acquired by either of these public entities or by the green spaces agency of the Ile-de-France region in the exercise of the right of pre-emption , by delegation or by substitution, provided for in Article L. 142-3.
   The tax proceeds can also be used:
   – for the development and maintenance of natural spaces, wooded or not, belonging to public authorities or their public establishments and open to the public, or belonging to private owners on condition that they have been subject to ” an agreement signed in application of Article L. 130-5;
   – for the development and the management of the natural parts of the zone known as of the fifty geometric steps, defined by the law n ° 96-1241 of December 30, 1996 relating to the development, the protection and the development of the zone known as of the fifty geometric steps in the overseas departments;

   – for the acquisition, development and management of the paths appearing on a departmental plan of walking and hiking routes, established under the conditions provided for in article 56 of law n ° 83-663 of July 22, 1983 supplementing the Law n ° 83-8 of January 7, 1983 relating to the distribution of powers between the municipalities, the departments, the regions and the State, as well as the paths and easements of towing and step of the conceded State waterways which are not not open to general traffic and for the acquisition, by mutual agreement or by exercise of the right of pre-emption mentioned in Article L. 142-3, the development and management of paths along the other courses ofwater and bodies of water;
   – for the acquisition by a department, a municipality, a public establishment of inter-municipal cooperation or the Conservatory of coastal space and lake shores, woods and forests or social rights giving rise to the allocation of ownership or enjoyment wood and forests, subject to their opening to the public under the conditions provided for in Article L. 142-10;
   – for the acquisition, development and management of spaces, sites and itineraries appearing in the departmental plan of spaces, sites and itineraries relating to outdoor sports established under the conditions provided for in Book III of the Sports Code, provided that the the planning or management envisaged maintains or improves the quality of sites, landscapes and natural environments;
   – for the acquisition, management and maintenance of Natura 2000 sites designated in article L. 414-1 of the environment code and of territories classified as nature reserves within the meaning of article L. 332-1 of the same code;
   – for the studies and inventories of the natural heritage necessary for the development and implementation of the policy for the protection and management of sensitive natural areas intended to be open to the public.
   This tax is levied on the entire territory of the department.
   It is established on the construction, reconstruction and expansion of buildings and on the arrangements defined by decree of the Council of State. However, the following are excluded from the scope of the tax:
   a) buildings and facilities for agricultural or forestry use linked to the operation;

   b) buildings which are intended to be assigned to a public service or of public utility and whose list is fixed by decree of the Council of State provided for in 1 ° of paragraph I of article 1585 C of the general tax code;
   c) buildings erected by the owners of a family dwelling to reconstitute their expropriated property;
   d) buildings classified as historic monuments or listed in the supplementary inventory of historic monuments;
   e) buildings and facilities rebuilt after a disaster under the conditions set out in paragraph II of article 1585 D of the general tax code;
   f) The developments which are intended to be assigned to a public service or of public utility and carried out by the State, local communities or their groups or one of the services and bodies listed by the decree adopted for the application of the 1 ° of I of article 1585 C of the general tax code;
   g) The developments prescribed by a plan for the prevention of foreseeable natural risks or a plan for the prevention of technological risks on goods built or developed in accordance with the provisions of this code before the approval of this plan and charged to the owners or operators of these goods.
   The General Council may exempt from the departmental tax on sensitive natural areas, premises for main residential use built on their behalf or as the provision of services by the bodies mentioned in Article L. 411-2 of the Code of construction and housing and by semi-public companies defined by law n ° 83-597 of July 7, 1983 or those with majority public capital realizing premises for main residential use financed predominantly by means of opening loans right to benefit from the provisions provided for in Title V of Book III of the Construction and Housing Code.
   It may also exempt from the said tax craft and industrial premises located in municipalities with less than two thousand inhabitants.
   In the overseas departments, the general council may exempt from the tax:
   – premises used as main housing of a social nature financed with the help of loans assisted by the State, and built by organizations and companies mixed economy mentioned above, on their own behalf or as service providers;
   – housing with a very social vocation.
   The tax is subject to the rules that govern the assessment, liquidation, collection, penalties and litigation of the local equipment tax.

   The tax is based on the value of the real estate complex determined in accordance with paragraphs I and II of article 1585 D of the general tax code. By deliberation, the General Council fixes the rate, which may vary according to the categories of construction, without being able to exceed 2%. 100.
   When it is established on the developments, the tax is based on the area of ​​the land covered by the authorization. Its rate is set by deliberation of the General Council within the limit of 1.52 euros per square meter. This limit and the rate fixed by the deliberation of the General Council are modified on July 1 of each year according to the evolution of the construction cost index published by the National Institute of Statistics and Economic Studies. The benchmark index is, for the revaluation of the limit of 1.52 euro, that of the fourth quarter of the year 1994 and, for that of the rate, the index of the quarter preceding the deliberation of the General Council which fixed the rate. .
   The tax is, from a fiscal point of view, an element of the cost price of the property complex.
   The tax is collected for the benefit of the department as a special earmarked revenue and has the character of an operating revenue.

   NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
   Decree n ° 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
   Lastly, article 72 of law n ° 2007-209 of February 19, 2007 postpones the deadline for the entry into force of the ordinance to October 1, 2007.

Article L142-3

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Decree nº 76-1285 of December 31, 1976 art. 31 Official Journal of January 1, 1977)
(Decree nº 81-534 of May 12, 1981 art. 2 Official Journal of May 15, 1981 date of entry into force ART. 38 AMENDED JULY 1, 1982)
(Decree n ° 82-584 of June 29, 1982 art. 1 Official Journal of July 7, 1982)
(Law n ° 85-729 of July 18, 1985 art. 12 Official Journal of July 19, 1985 in force on June 1, 1987)
(Law n ° 95-101 of February 2, 1995, art. 41 Official Journal of February 3, 1995)
(Law n ° 99-574 of July 9, 1999 art. 110 Official Journal of July 10, 1999)
(Law nº 2000-1208 of December 13, 2000 art. 18, art. 202 I Official Journal of December 14, 2000)
(Law n ° 2002-276 of February 27, 2002 art. 165 Official Journal of February 28, 2002)

   For the implementation of the policy provided for in Article L. 142-1, the General Council may create pre-emption zones under the conditions defined below.
   In municipalities with a public land use plan or an approved local urban plan, pre-emption zones are created with the agreement of the municipal council. In the absence of such a document, and in the absence of agreement from the municipalities concerned, these zones can only be created by the general council with the agreement of the representative of the State in the department.
   Within these zones, the department has a right of pre-emption over any land or set of social rights giving rise to the allocation of ownership or enjoyment of land that is the subject of an alienation, as expensive in any form.
   Exceptionally, the existence of a building does not preclude the exercise of the right of pre-emption as long as the land is of sufficient size to justify its opening to the public and that it is, by its location, necessary for the implementation of the policy of sensitive natural spaces of the departments. In the event that the acquired construction is kept, it is assigned to a use allowing public attendance and knowledge of natural environments.
   When the implementation of the policy provided for in Article L. 142-1 justifies it, the right of pre-emption may be exercised to acquire the fraction of a land unit included within the pre-emption zone. In this case, the owner can demand that the holder of the pre-emptive right acquires the whole of the land unit. The acquisition price set by the competent court in matters of expropriation takes into account any depreciation suffered, due to partial preemption, by the remaining fraction of the land unit.
   In the event of an auction, when this procedure is made compulsory by a legislative or regulatory provision, the acquisition by the holder of the pre-emption right takes place at the price of the last auction, by substitution for the successful tenderer. This provision is not however applicable to the sale putting an end to a joint ownership created voluntarily, unless this results from a shared gift.

   Exchanges of rural buildings located in the pre-emptive zones defined in this article carried out under the conditions provided for in Title 1 of Book I of the Rural Code are not subject to this right.
   In the event that the Coastal Space and Lake Shore Conservatory has territorial jurisdiction, it or, failing that, the municipality, may replace the department if the latter does not exercise the right of pre-emption. On the territory of a national park or a regional natural park and in the nature reserves whose management is entrusted to them, the public establishment in charge of the national park or the regional natural park or, failing that, the municipality can replace to the department and, where applicable, to the Coastal Space and Lake Shore Conservatory, if they do not exercise their right of pre-emption. For a regional natural park, the exercise of this right of preemption is subject to the explicit agreement of the department. In the event that neither the conservatory nor the public establishment in charge of a national park or a regional natural park is competent, the municipality can replace the department if the latter does not exercise its right of pre-emption.

   When it is territorially competent, the Conservatory of Coastal Space and Lake Shores may take the initiative of establishing pre-emptive zones outside the zones delimited by the department in application of this article, from urban zones. or to urbanize delimited by local town planning plans and building zones delimited by municipal maps. The proposed perimeter is sent for opinion to the department and to the municipality or to the competent public inter-municipal cooperation establishment. These opinions are deemed to be favorable if they do not intervene within three months after transmission of the project. The perimeter is delimited by prefectural decree. In the event of an unfavorable opinion from the municipality or the competent public inter-municipal cooperation establishment, it can only be delimited by decree of the Council of State. Within the perimeters thus delimited, the conservatory exercises the powers attributed to the department by this article.
   When the municipality is part of a public inter-municipal cooperation establishment intended to do so, it may, in agreement with this establishment, delegate this right to it.
   The department may delegate its right of pre-emption on the occasion of the alienation of a property subject to this right or on one or more sectors of the pre-emptive zone to the Conservatory of Coastal Space and Lake Shores, when the latter this is territorially competent, to the public establishment in charge of a national park or to that in charge of a regional natural park for all or part of the pre-emptive zone which is located on the territory of the park or in the nature reserves whose management is entrusted to them, to the State, to a local authority, to a public land establishment, within the meaning of Article L. 324-1 or to the Green Spaces Agency of the Ile-de-France region .The acquired goods enter the patrimony of the delegatee.
   If, at its expiration, the decree of classification of a regional natural park is not renewed, the goods which this park acquired by exercising this right of preemption become the property of the department.
   In Articles L. 142-1 et seq., The expression “holder of the right of pre-emption” also means the delegatee in application of the previous paragraph, if applicable.
   Representatives of professional agricultural and forestry organizations are consulted on the delimitation of these pre-emptive zones.

Article L142-4

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 85-729 of July 18, 1985 art. 12 Official Journal of July 19, 1985 in force on June 1, 1987)

   Any alienation mentioned in article L. 142-3 is subject, on pain of nullity, to a prior declaration sent by the owner to the president of the general council of the department in which the goods are located; the latter sends a copy to the director of tax services. This declaration must include an indication of the price and conditions of the proposed alienation or, in the event of an adjudication, the estimate of the property or its starting price.

   When the consideration for the alienation is the subject of a payment in kind, the declaration must mention the estimated price of this consideration.

   The silence of the holders of pre-emption and substitution rights for three months from receipt of the declaration mentioned in the first paragraph constitutes a waiver of the exercise of these rights.

   The invalidity action provided for in the first paragraph is prescribed by five years from the publication of the deed relating to the transfer of ownership.

Article L142-5

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 85-729 of July 18, 1985 art. 12 Official Journal of July 19, 1985 in force on July 19, 1986)
(Law nº 86-1290 of December 23, 1986 art. 69 V Official Journal of December 24, 1986 in force on June 1, 1987)
(Law n ° 89-550 of August 2, 1989 art. 8 VII Official Journal of August 8, 1989)
(Law nº 2000-1208 of December 13, 2000 art. 202 XIV Official Journal of December 14, 2000)

   In the absence of an amicable agreement, the acquisition price is fixed by the competent court in matters of expropriation; this price is exclusive of any ancillary indemnity, and in particular the re-employment indemnity.
   The price is fixed, paid or, as the case may be, recorded in accordance with the rules applicable in matters of expropriation. However, in this case:
   a) The reference date provided for in Article L. 13-15 of the Public Utility Expropriation Code is either the date on which the most recent acts making public, approving, revising, became enforceable against third parties. or modifying the land use plan or approving, modifying or revising the local urban plan and delimiting the area in which the property is located, or, in the absence of such a plan, five years before the declaration by which the owner has indicated his intention to dispose of the property;
   b) Improvements, alterations or changes in use made by the owner after the date set in a) above are not presumed to be speculative;
   c) In the absence of amicable transactions constituting sufficient references for the valuation of the property in the same zone, account may be taken of transfers and amicable agreements made for land of the same qualification located in comparable zones.
   When the competent court in matters of expropriation is called upon to fix the price of a property whose alienation is envisaged in the form of a sale with the constitution of a life annuity, it respects the terms of payment proposed by the seller but may revise the amount. of this annuity and of the contingent capital.

Article L142-6

(Law n ° 85-729 of July 18, 1985 art. 12 Official Journal of July 19, 1985 in force on June 1, 1987)
(Law n ° 89-550 of August 2, 1989 art. 8 VIII Official Journal of August 8, 1989)
(Law nº 2000-1208 of December 13, 2000 art. 202 XV Official Journal of December 14, 2000)

   When land subject to the right of pre-emption mentioned in Article L. 142-3 is subject to expropriation for public utility reasons, the reference date provided for in Article L. 13-15 of the Code expropriation for public utility is replaced, if there is a land use plan made public or a local urban plan, by the date on which the most recent deeds rendering public the land use plan or approving, modifying or revising the local urban plan and delimiting the area in which the land is located.

Article L142-7

(inserted by Law n ° 85-729 of July 18, 1985 art. 12 Official Journal of July 19, 1985 in force on June 1, 1987)

   The provisions of articles L. 213-5, L. 213-7 to L. 213-10, L. 213-14 and L. 213-15 are applicable in the pre-emptive zones delimited in application of article L. 142 -3.

Article L142-8

(inserted by Law n ° 85-729 of July 18, 1985 art. 12 Official Journal of July 19, 1985 in force on June 1, 1987)

   If land acquired by exercising the right of pre-emption has not been used as a natural space, under the conditions defined in Article L. 142-10, within ten years from its acquisition, the former owner or its universal or universal successors may request that it be transferred to them.

   To be admissible, this request must be presented within three years from the expiry of the period mentioned in the previous paragraph.

   In the absence of an amicable agreement, the price of the retroceded property is set by the competent court in matters of expropriation, without being able to exceed the amount of the pre-emptive price revised, if necessary, according to variations in the cost of the property. construction observed by the National Institute of Statistics and Economic Studies between the two changes.

   In the absence of a response within three months of notification of the judicial decision that has become final, the former owner or his universal or universal successors will be deemed to have waived the retrocession.

Article L142-9

(inserted by Law n ° 85-729 of July 18, 1985 art. 12 Official Journal of July 19, 1985 in force on June 1, 1987)

   As soon as a pre-emption zone is established, the department opens a register in which are entered the acquisitions made by exercise, delegation or substitution of the right of preemption, as well as the actual use of the goods thus acquired.

   Anyone can consult this register or obtain an extract from it.

Article L142-10

(inserted by Law n ° 85-729 of July 18, 1985 art. 12 Official Journal of July 19, 1985 in force on June 1, 1987)

   Land acquired in application of the provisions of this chapter must be developed to be open to the public, except for exceptions justified by the fragility of the natural environment. This development must be compatible with the protection of sites, landscapes and natural environments.

   The public owner is responsible for the management of the land acquired; it undertakes to preserve, develop and maintain them in the public interest. It may optionally entrust the management of the developed spaces to a public or private person with a vocation.

   Only light equipment for public reception or necessary for the day-to-day management of the land or its development for cultural or scientific purposes may be admitted on the land acquired in application of the provisions of this chapter, to the exclusion of any mode of occupation of the land likely to compromise the conservation or protection of these lands as natural spaces.

Article L142-11

(Law n ° 85-729 of July 18, 1985 art. 12 Official Journal of July 19, 1985 in force on June 1, 1987) 
(Law n ° 95-101 of February 2, 1995, art. 39 III Official Journal of February 3, 1995)
(Law nº 2000-1208 of December 13, 2000 art. 202 III, XVI Official Journal of December 14, 2000)
(Law n ° 2001-602 of July 9, 2001 art. 47 Official Journal of July 11, 2001)

   From the decision of the department to collect the departmental tax for sensitive natural areas, the president of the general council may, by decree taken on a proposal from the general council, after deliberation by the municipalities concerned and in the absence of an opposable local urban plan. , determine the woods, forests and parks, whether or not they fall under the forest regime, enclosed or not, adjoining or not to dwellings, whose preservation is necessary and to which the regime of classified wooded areas defined by article applies. L. 130-1 and the texts adopted for its application.
   The same decree or a subsequent decree issued in the same forms may enact the measures necessary for the protection of sites and landscapes included in a pre-emptive zone delimited in application of article L. 142-3 and in particular provide for the prohibition on construction. or demolish, and that of carrying out certain works, constructions or installations affecting the use of the land, with the exception of works aimed at improving agricultural operations.
   The decrees provided for in the preceding paragraphs cease to be applicable as soon as a land use plan is made public or as soon as a local urban plan is approved in the territory in question.

Article L142-12

(Law n ° 85-729 of July 18, 1985 art. 12 Official Journal of July 19, 1985 entered into force on July 19, 1986)
(Law nº 86-841 of July 17, 1986 art. 2 II Official Journal of July 18, 1986)
(Law nº 86-1290 of December 23, 1986 art. 69 II Official Journal of December 24, 1986)

   The provisions of Articles L. 142-1 to L. 142-11 will come into force on a date set by a decree of the Council of State which must intervene within one year of the publication of Law No. 86. -841 of July 17, 1986 tending to modify the duration or the date of application of certain rules concerning the town planning code.
   Until this date :
   – the alienations of goods included in a pre-emptive zone delimited within a sensitive perimeter remain subject to the provisions of Chapter II of Title IV of Book I of the Town Planning Code in their drafting prior to Law No. 85- 729 of July 18, 1985 relating to the definition and implementation of planning principles and the texts adopted for their application, regardless of the date of the declaration of intention to alienate;
   – building permits remain subject, regardless of their date, to the departmental green space tax; the decisions taken by the general councils relating to the departmental tax for sensitive natural areas cannot be executed.

   As of this date, the departments where the departmental green space tax was instituted throughout their territory collect the departmental tax for sensitive natural spaces according to the rules laid down in Article L. 142-2 and, unless deliberation special of the General Council, at the rate at which they collected the departmental green space tax.

   The departments which collected the departmental green spaces tax on part of their territory collect the departmental tax for sensitive natural spaces within the same perimeter and at the rate at which they collected the departmental green spaces tax, except for special deliberation on the application of the new tax.

   The provisions of article L. 142-11 are applicable within the pre-emptive zones delimited in application of article L. 142-1 in the wording prior to the aforementioned law.

   The right of pre-emption provided for in article L. 142-3 in its wording resulting from the aforementioned law applies from the entry into force of this chapter within the pre-emption zones delimited in application of article L 142-1 in its previous wording.

   However, in this case:
   – the declarations of intention to alienate subscribed under the legislation on sensitive areas under investigation on the date of entry into force fixed by the decree provided for in the first paragraph remain governed for their purposes. instruction by the provisions of Articles L. 142-1 et seq. of the Town Planning Code in their wording prior to that date;
   – the owner who intended to sell a property subject to a right of pre-emption under sensitive perimeters and who has obtained a waiver of the exercise of this right can sell his property after the aforementioned date of entry into force without quitting. ‘it is necessary for him to subscribe a new declaration of intention to alienate under the sensitive natural spaces of the departments, if the price and the conditions of sale which appeared in the declaration of intention to alienate are not modified;
    – the delegation of the right of pre-emption granted by the assembly to the office for sensitive areas is equivalent to delegation for sensitive natural areas of the departments.
   The protective measures taken in application of Article L. 142-3 in its previous version continue to produce their effects under the conditions provided for in Article L. 142-11 in the version resulting from the aforementioned law.
   The acts and agreements entered into under the conditions provided for by the legislation prior to the aforementioned law remain valid without having to be renewed.

Article L142-13

(inserted by Law n ° 85-729 of July 18, 1985 art. 12 Official Journal of July 19, 1985 in force on June 1, 1987)

   A decree in the Council of State determines, as necessary, the conditions of application of this chapter.

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