PART TWO: THE MUNICIPALITY

Rights of enjoyment that may be transferred by inheritance or by assignment are extinguished on the date of posting of the statement provided for in the last paragraph of article L. 2421-4, unless, on that date, the holder had had constructions carried out at his own expense, or was exploiting the parcel on which the extinguished right related, or was having it exploited by his spouse or by one of…

After the posting provided for in the last paragraph of article L. 2421-4, the town council, unless it decides to apply the provisions of article L. 2421-9, sends a formal notice to the holders of the right of use, where this right has not been extinguished by application of Article L. 2421-5, and to those who, even if they do not hold the right of enjoyment or hold a right…

If the commune has not sent them formal notice within two months of posting, the persons mentioned in article L. 2421-6 may give it formal notice to opt for one of the solutions provided for in this article.

The persons mentioned in article L. 2421-6 may, in addition, purely and simply waive their rights. They are deemed to have waived them in the event of a refusal to acquire or lease or, in the absence of a response, within two months of formal notice being given to them. Constructions made by persons who have waived their rights are allocated to the municipality without compensation. However, the latter is…

After the posting provided for in the last paragraph of article L. 2421-4 and in the event that the plots are to be assigned to purposes of general interest, the municipal council may also decide to terminate the right of enjoyment over all or part of these plots, in return for compensation, if they remained subject to it and to proceed with the repurchase, in return for compensation, of the…

In the cases provided for in articles L. 2421-8 and L. 2421-9, the persons concerned shall vacate the premises within one year of the date on which they received notification of the formal notice provided for in article L. 2421-6 or, if they have waived their rights, within one year of the date of such waiver. In the case of cultivated plots, the operator has the right to harvest the…

The options provided for in articles L. 2421-6 to L. 2421-8 belong to the heirs of the holder of the right of enjoyment, if the latter dies after the formal notice. In the event of disagreement between them, the commune may require the plot to become its entire property; compensation is then paid to the estate.

The provisions of articles L. 2421-5 to L. 2421-10 benefit all persons who have acquired, for valuable consideration or free of charge, a right of use mentioned in article L. 2421-1, unless the regularity of their acquisition with regard to the legislative or regulatory provisions or customs in force has been contested before the competent courts prior to 5 January 1967.

Notwithstanding any legislative or regulatory provisions or any contractual stipulations, the extinction of the rights of use referred to in article L. 2421-1 puts an end, without prejudice to any rights to compensation of the interested parties, to any tenancy as well as to any right of occupation or right to remain on the premises of any nature whatsoever, exercised either on the parcels encumbered by such a right of…

Failing amicable agreement, the compensation that may be due pursuant to articles L. 2421-5, L. 2421-6, L. 2421-8, L. 2421-9, L. 2421-11 and L. 2421-13 are set as in matters of expropriation in the public interest. They cover the direct and certain material loss suffered by the interested parties. Preferential rights attached to rights in rem, which may encumber the suppressed rights of enjoyment, are carried over to the compensation…