The local authority may make inter vivos transfers of landed property located on its territory or of company rights relating thereto subject to a declaration, with the exception of donations in direct or collateral lines up to the fourth degree.
With the aim of preserving the social cohesion of Saint-Martin, guaranteeing the effective exercise of the right to housing for its inhabitants and safeguarding or developing natural areas, the local authority may, within two months of receiving the declaration of transfer, exercise its right of pre-emption over the landed property or the related social rights that are the subject of the declaration, on condition that it pays the entitled parties the value of the said landed property or social rights. In the absence of agreement, this value is fixed as in matters of expropriation.
The second paragraph does not apply to transfers made in favour of persons:
1° Providing proof of a sufficient period of residence in Saint-Martin;
2° Providing proof of a sufficient period of marriage, cohabitation or civil solidarity pact with a person providing proof of a sufficient period of residence in Saint-Martin.
Nor do they apply to legal entities having their registered office in Saint-Martin and controlled, directly or indirectly, by the persons mentioned in the previous paragraphs.
The procedures for applying this article are determined by deliberations of the territorial council, which may in particular provide for cases in which periods spent outside Saint-Martin to perform national service, to follow studies or training or for family, professional or medical reasons are not, for persons previously domiciled there, a cause for interruption or suspension of the period to be taken into consideration to assess the residence conditions required in 1°.