I. – For the application of this section, the market value of the land or buildings used as a reference for determining the amount of aid that may be granted by the local authorities and their groupings, under the conditions laid down in Article L. 1511-3, is set by the departmental or, where applicable, regional director of public finance or by an expert.
In cases where its opinion is required pursuant to articles L. 2241-1, L. 3213-2, L. 4221-4 and L. 5211-37, the reference market value is set by the departmental or, where applicable, regional director of public finance. In other cases, the local authority or grouping concerned may either request the intervention of the departmental or, where applicable, regional director of public finance, or use an expert chosen from among persons offering every guarantee of independence, who are of good repute and possess the necessary expertise in the valuation of land or buildings by virtue of their training or experience gained in the exercise of their profession as well as knowledge of the local market.
The reference market value is determined, prior to the negotiations preceding the sale, on the basis of market indicators and commonly accepted valuation criteria. When land or buildings are acquired and resold as is, the benchmark market value may not be set, within three years of their acquisition, at an amount lower than the price paid by the public authority or grouping for their acquisition, unless a general fall in the value of comparable properties is expressly noted on the market in question by the departmental or, where applicable, regional director of public finance or the expert.
II. – By way of derogation from the provisions of I, the value of a property is deemed to be that of the market when the property has been purchased as part of a sale by auction and when, prior to this procedure, the offer for sale has been advertised for at least two months in the national press, real estate magazines or other appropriate publications and has been advertised by real estate agents addressing a wide range of potential purchasers.