TITLE IV: MUNICIPALITIES IN THE DEPARTMENTS OF MOSELLE, BAS-RHIN AND HAUT-RHIN

The municipal council regulates the method of administration of communal property subject to the following provisions: 1° With regard to communal forests falling under the forestry regime, it adheres to the legal provisions; 2° The sharing of communal property is prohibited.

The municipal council regulates, without prejudice to private rights based on a special title: 1° The method and conditions of use of the commune’s public institutions and establishments; 2° The method of enjoyment of communal property, as well as the use and distribution of its products, including communal forests, and the conditions imposed for such enjoyment and distribution, observing the provisions of the articles L. 2544-12 à L. 2544-16.

Enjoyment of communal property may only be granted on a revocable basis.

Where, according to a former custom, communal property is granted in separate and distinct lots and the number of entitled parties is greater than that of the lots, the admission of a new beneficiary can only take place when a lot has become vacant. If several entitled parties present themselves in the event of a vacancy, the custom decides which of them is admitted to the enjoyment of the vacant…

In the absence of private rights based on a special title, all inhabitants of the commune have equal rights to the use of the commune’s public institutions and establishments, in accordance with the regulations enacted for this purpose, as well as to the enjoyment of communal property. Excluded from the enjoyment of communal property are military personnel on peacetime strength, with the exception of military civil servants, persons who do…

The admission of rightful claimants may not be subject to any fee.

Objections to decisions of the mayor or decisions of the municipal council concerning the use of public institutions and establishments of the commune or the enjoyment of communal property are, insofar as they are not private law claims based on a special title, judged by the full contentious procedure.