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CHAPTER II : Property and undivided rights between several communes

Article L5222-1 of the French General Code of Local Authorities

Where several communes own undivided property or rights, a legal entity governed by public law shall be created for their management and for the management of the related public services, administered in accordance with the procedures set out in Article L. 5222-2, by a syndicate commission made up of delegates from the municipal councils of the communes concerned and by the municipal councils of these communes. The decision to set…

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Article L5222-2 of the French General Code of Local Authorities

The syndicate committee and the syndic ensure the administration and development of undivided property and rights. Their powers are the same as those of town councils and mayors in similar matters. However, sales, exchanges, divisions, acquisitions of real estate and related transactions remain reserved for town councils, which may authorise the president of the commission to pass the related deeds. Decisions concerning the acquisition of real estate and related transactions,…

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Article L5222-3 of the French General Code of Local Authorities

On the proposal of the syndicate commission and on the decision of the municipal councils of two thirds of the communes representing more than half of their total population, or of at least half of the municipal councils representing more than two thirds of the population, a syndicate of communes may be created whose powers are at least those of the syndicate commission as set out in Article L. 5222-2….

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Article L5222-4 of the French General Code of Local Authorities

When a commune requests that the undivided ownership in respect of it be terminated, the syndicate commission to which the request is referred notifies that commune, within a period of six months, of a draft definition of the lot or compensation to be allocated to it. The costs of the expert appraisal are borne by the commune. The commune leaving the undivided ownership arrangement receives, as a priority, a lot…

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Article L5222-5 of the French General Code of Local Authorities

When the division decided by the municipal councils pursuant to articles L. 5222-2 and L. 5222-3 or resulting from the withdrawal of a commune from the joint ownership concerns property used for pastoral or forestry purposes, the communes concerned are obliged to create a public establishment or to join an existing public establishment, the purpose of which is to guarantee the unity of management and development of the said property….

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