LAW OF 6 AUGUST 2004 RELATING TO BIOETHICS
LexInter | September 20, 2017 | 0 Comments

RIGHT OF URBAN PREEMPTION (DECRET)

URBAN PLANNING CODE
(Regulatory Part – Decrees of the Council of State)

 

CHAPTER I: Urban pre-emption right

Article R211-1

(Decree nº 76-277 of March 29, 1976 Official Journal of March 30, 1976 DAVIG APRIL 1, 1976)
 

(Decree n ° 83-813 of September 9, 1983 art. 9 Official Journal of September 11, 1983 date of entry into force OCTOBER 1, 1983)
(Decree nº 86-516 of March 14, 1986 art. 2 Official Journal of March 16, 1986 in force on July 19, 1986)
(Decree nº 87-284 of April 22, 1987 art. 1 I Official Journal of April 25, 1987 in force on June 1, 1987)
(Decree nº 92-967 of September 10, 1992 art. 1 I Official Journal of September 11, 1992)
(Decree nº 2001-261 of March 27, 2001 art. 2 3º Official Journal of March 28, 2001)
(Decree n ° 2001-260 of March 27, 2001 art. 3 Official Journal of March 28, 2001)

Municipalities with a local urban plan made public or approved may, by deliberation, institute an urban pre-emption right over all or part of the urban areas and areas of future urbanization delimited by this plan or by a safeguard plan. and development made public or approved in application of Article L. 313-1, when no deferred development zone or provisional deferred development zone perimeter has been created in these territories.

Article R211-2

(Decree No. 76-277 of March 29, 1976 Official Journal of March 30, 1976, date of entry into force APRIL 1, 1976)
 

(Decree nº 86-516 of March 14, 1986 art. 2 Official Journal of March 16, 1986 in force on July 19, 1986)
 

(Decree nº 87-284 of April 22, 1987 art. 1 II Official Journal of April 25, 1987 in force on June 1, 1987)

The deliberation by which the municipal council or the deliberative body of the competent public intercommunal cooperation establishment decides, in application of article L. 211-1, to institute or abolish the right of urban preemption or change the scope is displayed in town hall for one month. Mention is inserted in two newspapers distributed in the department.

The legal effects attached to the deliberation mentioned in the first paragraph have as their starting point the execution of all the publicity formalities mentioned in said paragraph. For the application of this paragraph, the date to be taken into consideration for posting in town hall is that of the first day on which it is carried out.

Article R211-3

(Decree No. 76-277 of March 29, 1976 Official Journal of March 30, 1976, date of entry into force APRIL 1, 1976)
(Decree nº 86-516 of March 14, 1986 art. 2 Official Journal of March 16, 1986 in force July 19, 1986)
(Decree nº 87-284 of April 22, 1987 art. 1 III Official Journal of April 25, 1987 in force on June 1, 1987)

The mayor or, as the case may be, the president of the competent public inter-municipal cooperation establishment immediately addresses the departmental director of fiscal services, the Superior Council of the Notary, the departmental chamber of notaries, the bars established by the high courts. body in which the urban pre-emption right is instituted and at the registry of the same courts copies of acts having the effect of establishing or removing the urban pre-emption right or modifying its scope. This copy is accompanied, if necessary, by a plan specifying the field of application of the urban pre-emption right.

Article R211-4

(Decree No. 76-277 of March 29, 1976 Official Journal of March 30, 1976, date of entry into force APRIL 1, 1976)
(Decree nº 86-516 of March 14, 1986 art. 2 Official Journal of March 16, 1986 in force on July 19, 1986)
(Decree nº 87-284 of April 22, 1987 art. 1 IV Official Journal of April 25, 1987 in force on June 1, 1987)

The deliberation taken in application of the last paragraph of article L. 211-1 is posted in town hall for one month and takes effect on the first day of said posting. It is notified, as the case may be, to the developer or to the person responsible for the development of the concerted development zone. A copy is also sent to the organizations and services mentioned in article R. 211-3.
The deliberation taken in application of the last paragraph of article L. 211-4 is displayed and published and takes effect under the conditions provided for in article R. 211-2. It is addressed to the organizations and services mentioned in article R. 211-3 ..

Article R211-7

(Decree No. 76-277 of March 29, 1976 Official Journal of March 30, 1976, date of entry into force APRIL 1, 1976)
(Decree No. 76-277 of March 29, 1976 Official Journal of March 30, 1976, date of entry into force APRIL 1, 1976)
(Decree nº 86-516 of March 14, 1986 art. 2 Official Journal of March 16, 1986 in force on June 1, 1987)
(Decree nº 86-516 of March 14, 1986 art. 2 Official Journal of March 16, 1986 in force on June 1, 1987)

Any proposal made in application of the first paragraph of article L. 211-5 is drawn up in the forms prescribed by the order provided for in article R. 213-5. It is sent in four copies by registered letter with acknowledgment of receipt or deposited against discharge at the town hall of the municipality where the property is located.

Upon receipt of the proposal, the mayor sends a copy to the director of tax services, specifying whether this transmission constitutes a request for an opinion.
The mayor also sends a copy of the proposal to the possible delegatee of the right of pre-emption when the holder of this right is the municipality. In other cases, he sends a copy of the proposal to the holder of the pre-emptive right, with the latter sending it in turn to the

The transmissions mentioned in the two preceding paragraphs indicate the date of the notice of receipt or of the discharge of this proposal.
The procedure is then as indicated in articles R. 213-7 to R. 213-12.
In the event of disagreement on the price and in the absence of referral to the expropriation court within the period provided for in article R. 213-11, the holder of the right of pre-emption is deemed to have renounced the acquisition of the property.

Article R211-8

(Decree No. 76-277 of March 29, 1976 Official Journal of March 30, 1976, date of entry into force APRIL 1, 1976)
(Decree No. 76-277 of March 29, 1976 Official Journal of March 30, 1976, date of entry into force APRIL 1, 1976)
(Decree nº 77-757 of July 7, 1977 Official Journal of July 10, 1977)
(Decree n ° 83-813 of September 9, 1983 art. 9 Official Journal of September 11, 1983 date of entry into force OCTOBER 1, 1983)
(Decree nº 86-516 of March 14, 1986 art. 2 Official Journal of March 16, 1986 in force on June 1, 1987)
(Decree nº 86-516 of March 14, 1986 art. 2 Official Journal of March 16, 1986 in force on June 1, 1987)

In the event that the property is retroceded to the former owner in application of the provisions of the penultimate paragraph of Article L. 211-5, the deed of retrocession specifies that the former owner may freely dispose of his good.

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